News & Analysis as of August 16, 2025

Bankruptcy Court

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

I’m Still Standing – Yeah, Yeah, Yeah: Wilmington Savings Fund Society v. Tamisi

Cadwalader, Wickersham & Taft LLP on 6/30/2025

In Wilmington Savings Fund Society v. Tamisi, the U.S. District Court for the Eastern District of New York upheld a bankruptcy court’s ruling that Wilmington lacked the necessary standing to enforce a mortgage lien, thereby...more

Fourth Circuit rules bankruptcy discharge does not eliminate FDCPA claims on mortgage liens

Orrick, Herrington & Sutcliffe LLP on 4/14/2025

On April 4, the U.S. Court of Appeals for the Fourth Circuit issued an opinion reversing in part a lower court’s dismissal. The district court dismissed a plaintiff’s (an individual) complaint against a mortgage loan servicer...more

Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Smith Debnam Narron Drake Saintsing & Myers,... on 11/12/2019

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. In doing so, the Court rejected the consumer’s attempt to import the FDCPA’s “least sophisticated consumer”...more

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Mortgages › Debt Collection › Bankruptcy Court

I’m Still Standing – Yeah, Yeah, Yeah: Wilmington Savings Fund Society v. Tamisi

Fourth Circuit rules bankruptcy discharge does not eliminate FDCPA claims on mortgage liens

Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

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