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Bankruptcy, Insolvency and Creditors’ Rights
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Lis Pendens Saves Equitable Mortgage

The Kentucky Court of Appeals recently affirmed in Brooks v. J.P.Morgan Chase Bank, N.A. that an equitable mortgage established in litigation has priority ov...
by Richard A. Vance March 13, 2017
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Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

Last week in Macy v. GC Services, the United States District Court for the Western District of Kentucky certified a class action involving the Fair Debt Coll...
by Kim Schmittel February 17, 2017
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Junk Faxes Go to the Head of the Class (Action)

In its latest "junk fax" case, the Sixth Circuit Court of Appeals reversed a district court's denial of class certification and dismissal of a lawsuit allegi...
by Kim Schmittel January 13, 2017
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Still Not Valid When Made

Last year, we posted about Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), where the Second Circuit Court of Appeals decided to ignore the "Vali...
by Richard A. Vance January 04, 2017
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New York and Florida Courts Enforce E-Notes

Appellate courts in New York and Florida recently ruled that mortgage lenders "holding" electronic notes had standing to foreclose on the real property secur...
by Richard A. Vance June 29, 2016
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Debt Collectors: Remember Opposing Counsel is Not Competent

Well, at least that is the case as the Eleventh Circuit rules on communications between attorneys. Recently, I read a warning from a colleague about the expa...
by Brian R. Pollock May 06, 2016