In a lengthy decision that highlighted the CFPB’s very public efforts to dismantle the CFPB from within, the District Court for the District of Columbia granted a motion for preliminary injunction designed to preserve the...more
4/2/2025
/ Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Financial Regulatory Reform ,
Mortgages ,
Overdraft Fees ,
Payday Loans ,
Popular ,
Preliminary Injunctions ,
Regulatory Reform ,
Trump Administration
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
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
On September 19, 2024, the District Court for the Eastern District of New York dismissed claims against the mortgage lender, its mortgage servicer, and credit reporting agencies under the Fair Credit Reporting Act (FCRA), 15...more
10/17/2024
/ Collateral ,
Consumer Financial Products ,
Credit Reports ,
Debtors ,
Defamation ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Loan Repayment Issues ,
Mortgage Lenders ,
Mortgages ,
Promissory Notes
On July 10, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) proposed a rule it says will streamline mortgage servicing and the loss mitigation process. If enacted, the proposed rule would significantly revise...more
On June 21, 2024, the Ohio Second Appellate District reversed a trial court decision granting plaintiff summary judgment in a residential foreclosure action, finding that a competing lienholder’s discovery request for...more
On July 8, 2024, the United States District Court for the Eastern District of New York held that a mortgage loan from a private lender was within the scope of the Truth in Lending Act (TILA) and Home Ownership and Equity...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/16/2024
/ AL Supreme Court ,
Arbitration Agreements ,
Class Action ,
Credit Reporting Agencies ,
Creditors ,
Debt Collection ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
Foreclosure Sales ,
IRS ,
Mortgages ,
Motion to Exclude ,
National Bank Act ,
Open-Ended Lines of Credit ,
SCOTUS ,
TCPA ,
Truth in Lending Act (TILA)
On May 30, 2024, the Supreme Court reversed the Second Circuit’s holding that New York General Obligation Law § 5–601, which mandates banks to pay borrowers the interest accumulated on a balance held in an escrow account for...more
6/28/2024
/ Bank of America ,
Cantero v Bank of America NA ,
Dodd-Frank ,
Escrow Accounts ,
Financial Services Industry ,
Interest Rates ,
International Banks ,
Mortgages ,
National Bank Act ,
New York ,
Preemption ,
RESPA ,
SCOTUS
On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the...more
Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866.
In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more
6/23/2023
/ Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Defamation ,
False Statements ,
Final Judgment ,
Foreclosure ,
Mortgages ,
Offer of Judgment ,
OH Supreme Court ,
Punitive Damages ,
Settlement Agreements ,
Statute of Limitations
In early March 2023, the Consumer Financial Protection Bureau (CFPB) issued a special edition of its Supervisory Highlights that focused exclusively on “junk fees” uncovered in supervisory examinations in various industries,...more
3/27/2023
/ CARES Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Housing Act (FHA) ,
Late Fees ,
Loan Agreements ,
Misrepresentation ,
Mortgages ,
Regulation Z ,
UDAAP ,
Waivers
Ohio-
Assignee of Contract-
Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282.
In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more
9/23/2022
/ Appellate Courts ,
Assignees ,
Contract Modification ,
Equitable Lien ,
Good Faith ,
Jurisdiction ,
Mortgages ,
Promissory Notes ,
Retail Installment Sales Contracts ,
Statute of Frauds ,
Subrogation ,
Trade Secrets ,
Uniform Commercial Code (UCC)
Claim to excess funds in foreclosure-
In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more
8/22/2022
/ Debtors ,
Foreclosure ,
Forum Non Conveniens ,
Higher-Priced Mortgage Loans ,
Injunctions ,
Interest Rates ,
Jury Duty ,
Lienholders ,
Mortgages ,
Ownership Rules ,
Personal Property ,
Rules of Civil Procedure ,
Standing
Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488-
In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more
5/18/2022
/ Acceptance ,
Appellate Courts ,
Attorney's Fees ,
Auction ,
CSPA ,
Double Recovery ,
FCCPA ,
Foreclosure Sales ,
Fraudulent Transfers ,
Goods or Services ,
Homeowners Association (HOA) ,
Injunctions ,
Intervention Notices ,
Jury Trial ,
Loans ,
Mortgages ,
Reinstatement ,
Settlement ,
Statute of Limitations ,
Voluntary Dismissals
Ohio-
Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more
4/25/2022
/ Admissibility ,
Arbitration ,
Breach of Contract ,
Cause of Action Accrual ,
Contract Interpretation ,
Debtors ,
Depositions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FL Supreme Court ,
Foreclosure ,
Hearsay ,
Job Duties ,
Lienholders ,
Mortgages ,
Over-Time ,
Purchase Agreement ,
Statute of Limitations
In a case of first impression in Ohio, the Fairfield County Court of Common Pleas held that R.C. § 1343.031, Ohio’s version of the Servicemembers Civil Relief Act (SCRA), does not apply to residential mortgages. This decision...more
Statute of Repose-
Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827
In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s...more
The Bullet Point: Ohio Commercial Law Bulletin
Is my conduct a violation of the Consumer Sales Practices Act?
Volume 4, Issue 18
October 2, 2020
Unconscionable arbitration agreement
Klonowski v. Lynch, 8th Dist. Cuyahoga...more
10/6/2020
/ Acceleration ,
Appeals ,
Arbitration Agreements ,
Bargaining Power ,
Borrowers ,
Consumer Sales Practices Act ,
Default ,
Delinquent Borrowers ,
False Advertising ,
Lis Pendens ,
Mortgages ,
Reasonableness Factors ,
Remand ,
Reversal ,
Right To Cure ,
Stays ,
Unconscionable Contracts
Shareholder Derivative Lawsuit
Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347
In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
6/23/2020
/ Actual Injuries ,
Affidavits ,
Appeals ,
Debtors ,
Derivatives ,
disco ,
Discovery ,
Discovery Rule ,
Final Judgment ,
Financial Instruments ,
Foreclosure ,
Judgment Creditors ,
Judgment Debtors ,
Liens ,
Mortgage Lenders ,
Mortgages ,
Motion To Intervene ,
Noteholders ,
Post-Judgment Interest ,
Promissory Notes ,
Proximate Cause ,
Redressability ,
Right to Possession ,
Shareholder Litigation ,
Shareholders ,
State and Local Government ,
Statute of Limitations ,
Tolling ,
Ultra Vires ,
Wage Garnishment