On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more
8/8/2025
/ Appellate Courts ,
Bankruptcy Code ,
Bankruptcy Court ,
Borrowers ,
Chapter 13 ,
Creditors ,
Debtors ,
Foreclosure ,
Judicial Estoppel ,
Mortgages ,
New Legislation ,
Real Estate Transactions ,
Retroactive Application ,
Statute of Limitations ,
Summary Judgment
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
5/6/2025
/ Class Action ,
Constitutional Challenges ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Damages ,
Fair Credit Reporting Act (FCRA) ,
Litigation Strategies ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment ,
Truth in Lending Act (TILA)
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act (FDCPA) constitute a...more