Posts from April 2014.
Hernandez v. Williams, Zinman & Parham, P.C., 2014 WL 977649 (D. Ariz. Mar. 13, 2014) Plaintiff Hernandez filed a complaint against Defendant Williams, Zinman & Parham, P.C. ("WZP"), a law firm, after WZP sent her a debt collection letter. In the letter, WZP sought to collect an auto-finance related debt on behalf of a third-party creditor. Prior to WZP's involvement, the third-party debt collector had attempted unsuccessfully to collect the money owed by Hernandez but had properly sent Hernandez a debt validation notice pursuant to 15 U.S.C. section 1692(g)(a). Thereafter ...
Fowler v. U.S. Bank, Nat. Ass'n, 2014 WL 850527 (S.D. Tex. Mar. 4, 2014) In this action, plaintiff alleged, inter alia, a cause of action under TILA § 1639b(c) (relating to the payment of a "yield spread premium") stemming from a residential mortgage loan transaction plaintiffs entered into with defendants in 2006. Section 1639b(c) was recently amended as part of the broader Dodd-Frank Mortgage Rule Amendments that became generally effective January 10, 2014 with the exception of certain provisions. The court held that the recently implemented loan originator compensation rule ...
Posted in: Dodd-Frank Act, Texas
In a case of first impression, the March 21, 2014 opinion U.S. Bank National Association, as Trustee for the GSAMP Trust 2006-NCI Mortgage Pass-Through Certificates, Series 2006-NCI v. Jose Busquets, Case No. 2D13-280, the Second District Court of Appeal upheld specific language in a residential mortgage foreclosure notice of default and intent to accelerate as compliant with the terms of the mortgage. This case represents the first appellate ruling in Florida addressing certain specific language in nearly ubiquitous "paragraph 22" notice of default and intent to accelerate ...