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Litigation Strategies Lenders

Brownstein Hyatt Farber Schreck

Brownstein Secures More Regulatory Wins though Litigation and Advocacy Efforts

In two cases challenging regulatory actions by the Biden-era Consumer Financial Protection Bureau (CFPB), Brownstein secured major wins for the collections industry. First, in litigation filed in Texas, Brownstein represented...more

Adams & Reese

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

Adams & Reese on

A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

McGlinchey Stafford

Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies are Not Required to Resolve Fraud Claims

McGlinchey Stafford on

In a case of first impression, the Fifth Circuit in Reyes v. Equifax Information Systems, L.L.C., joined the First, Seventh, Ninth, and Tenth Circuits in affirming the District Court for the Eastern District of Texas’s...more

Poyner Spruill LLP

The Sovereign Citizen Movement and Potential Impacts on Lending Institutions

Poyner Spruill LLP on

The “Sovereign Citizen Movement” is a term used to describe the growing number of individuals who deny the authority and / or legitimacy of the U.S. government. While the “SovCit” movement originated decades ago, there...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit denies rehearing of lending company’s restitution challenge

On April 24, the U.S. Court of Appeals for the Ninth Circuit denied a loan company’s petition for rehearing and or rehearing en banc. The lender contested that the $134 million legal restitution it was mandated to pay to the...more

Offit Kurman

Lenders Must Act Fast to Recover Funds in Fraudulent Loan Schemes

Offit Kurman on

Lenders get into a groove with originating loans with existing and new borrowers. So often, the closing comes and goes, and the monthly payments commence without any trouble. But then a borrower comes along who seeks to...more

Buckingham, Doolittle & Burroughs, LLC

Are E-Signatures Sufficient to Obtain a Cognovit Judgment?

Cognovit judgments are widely used by lenders in the commercial space as further security for repayment. Cognovit provisions allow lenders to appear in a courtroom and immediately obtain a judgment against a borrower without...more

Hinshaw & Culbertson - Consumer Crossroads

New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision

The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice...more

Hicks Johnson

PPP Agent Fees: A Guide for Accountants, Attorneys, and Consultants

Hicks Johnson on

The troubles affecting the federal government’s Paycheck Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not....more

K&L Gates LLP

Distressed Solutions: The Ins and Outs of Receiverships

K&L Gates LLP on

Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more

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