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The Paul, Weiss Litigation Department is led by a team of the country’s most accomplished trial lawyers. Our litigators in New York and Washington, D.C. handle the most complex and demanding lawsuits, class actions, government investigations, criminal prosecutions and restructurings.
In Green v. Specialized Loan Servicing, LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only seek his last five.
Unless the debt has been reaffirmed, a Chapter 7 discharge relieves an individual debtor from personal liability for mortgage debt and prevents the mortgage servicer from taking any collection actions against the debtor personally. For more information on Chapter 7 bankruptcy, see Practice Note, Chapter 7 Liquidation: Overview (W-000-6231).
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"Assuming arguendo that the final disclosures had been TILA compliant, Plaintiffs would still be entitled to summary judgment because the initial Truth in Lending Act estimates given to Plaintiffs were not compliant with TILA standards. Pursuant to 15 U.S.C. 1631(c), estimates may satisfy the statutory standards of the Truth in Lending Act.
One court found that a FCRA plaintiff, who was a mortgage loan officer, had insufficient evidence to avoid summary judgment on his claim for damages due to a higher interest rate, when he only provided his testimony about discussions with the creditor’s representatives and testimony from his co-worker and himself.FN41 There, the plaintiff.
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For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm secured debt or redeem the property must surrender the property. In re Woide, No. 17-10776 (11th Cir. Apr. 5, 2018). In Woide, the debtors filed a chapter 13 bankruptcy [.]
Plaintiff claims that certain of Defendant’s communications and acts concerning her liability under the Loan violated various provisions of five consumer protection laws: (1) the Telephone Consumer Protection Act ("TCPA") (see Doc. 1, 59-70 ("Count One")); (2) the Fair Debt Collection Practices Act ("FDCPA") (see id. 71-83 ("Count Two")); (3) the Florida Consumer Collection Practices Act ("FCCPA") (see id. 126-37 ("Count Seven")); (4) the Real.
Be Careful About Putting Only One Spouse’s Name on a Reverse Mortgage Q: Should you have more than one executor or is it best to have only one. it’s best to name a few successor executors. The worst situation may be to have the court make the decision about who will.