Entries by Christopher Iaria

ILLINOIS COURT DISMISSES | Key Points

The Northern District of Illinois recently dismissed an action filed by mortgagor Jason Roberts (“Roberts”) against his servicer (“Carrington”) for alleged violations of state law and the Fair Debt Collections Practices Act (“FDCPA”). Roberts v. Carrington Mortgage Services, LLC, 19-CV-2355, 2020 WL 6565247 (N.D. Ill. Nov. 9, 2020). Roberts alleged that Carrington was prohibited from […]

ILLINOIS COURT DISMISSES MORTGAGOR’S COMPLAINT FINDING HUD REGULATIONS DID NOT APPLY & SERVICER DID NOT VIOLATE FDCPA

The Northern District of Illinois recently dismissed an action filed by mortgagor Jason Roberts (“Roberts”) against his servicer for alleged violations of the Fair Debt Collections Practices Act (“FDCPA”)i “and state law.” Roberts v. Carrington Mortgage Services, LLC, 19-CV-2355, 2020 WL 6565247, *1 (N.D. Ill. Nov. 9, 2020). Carrington Mortgage Services, LLC (“Carrington”) took over […]

ILLINOIS COURT REVERSES | Key points

The Second District (Appellate Court) of Illinois reversed the dismissal of an action finding the fourth filing of a lawsuit based on the same note and mortgage was not barred by Illinois’ single refiling rule. Wilmington Sav. Fund Soc’y, FSB as Tr. of Residential Credit Opportunities Tr. III v. Barrera, 2020 IL App (2d) 190883 […]

ILLINOIS COURT REVERSES DISMISSAL OF BANK’S FORECLOSURE ESTABLISHING EXCEPTION TO SINGLE REFILING RULE

The Second District (Appellate Court) of Illinois reversed the dismissal of an action finding the fourth filing of a lawsuit based on the same note and mortgage was not barred by Illinois’ single refiling rulei. Wilmington Sav. Fund Soc’y, FSB as Tr. of Residential Credit Opportunities Tr. III v. Barrera, 2020 IL App (2d) 190883 […]

Federal Court Finds | Key Points

The Northern District of Indiana recently dismissed a lawsuit against a mortgagee/servicer (“Newrez”) finding three letters sent by Newrez, a debt collector, regarding lender-placed insurance did not constitute “communication…‘made in connection with the collection of any debt’” under § 1692 of the Fair Debt Collection Practices Acti. Mohr v. Newrez, LLC, No. 2:19 CV 150, […]

FEDERAL COURT FINDS CORRESPONDENCE PERTAINING TO LENDER-PLACED INSURANCE DID NOT VIOLATE § 1692e OF THE FDCPA

The Northern District of Indiana recently dismissed a lawsuit against a mortgagee/servicer finding correspondence sent by the lender, a debt collector, regarding lender-placed insurance did not constitute “communication…‘made in connection with the collection of any debt’” under § 1692 of the Fair Debt Collection Practices Act. Mohr v. Newrez, LLC. (quoting 15 U.S.C. §§ 1692c(a)-(b), […]

COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM

This month the Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of an FDCPA case filed by Gustav Buchholz (“Buchholz”), a debtor, against Meyer Njus Tanick, PA (“MNT”), a law firm engaged in debt collection activities. Buchholz v. Meyer Njus Tanick, PA. Buchholz was behind on payments on two credit cards, so MNT […]

COURT PROVIDES FAVORABLE GUIDANCE | Key Points

The Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of an FDCPA case filed by Gustav Buchholz (“Buchholz”), a debtor, against Meyer Njus Tanick, PA (“MNT”), a law firm engaged in debt collection activities. Buchholz v. Meyer Njus Tanick, PA, 18-2261, 2020 WL 35431, at *1 (6th Cir. Jan. 3, 2020). Buchholz was […]