Creditors' Sidebar

We have posted twice before on the Second Circuit Court of Appeals’ incorrect decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). There, the court of appeals reversed a district court ruling and refused to enforce a Delaware choice of law provision citing the public policy inherent in the New York criminal usury statute.

When it comes to the electronic recording and notarization of documents, Kentucky has historically been on the outside looking in, while neighboring states have embraced the efficiency and cost-saving benefits of eRecording. But that may...

The past two decades have seen a paradigm shift in the way states sign, record, and notarize documents. Once hindered by paper document and "wet" signature requirements, the modern recordation process in many states has...

The Kentucky Supreme Court offered a new interpretation of Kentucky's usury statute, KRS 360.010, in a collection case involving a credit-card receivable. Unfortunately, SCOKY interpreted a statute that did not apply.Harrell, a consumer, had a...