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We Said It Once and We’ll Say It Again – Debt Collectors Face FDCPA Liability...
In 2014, the Eleventh Circuit Court of Appeals released its highly-controversial opinion in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014), becoming the first circuit to rule that a debt...
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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 securing the E-Notes. Although Congress passed...
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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 “Valid When Made” doctrine. This is the...
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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 alleging that Top Flite Financial, Inc., a...
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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 Collection Practices Act (“FDCPA”). According...
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The Power Of Three Overcomes A Putative Debtor Who Can Count To Twelve
The Sixth Circuit BAP has reversed the denial of a motion to dismiss an involuntary petition. A single petitioning creditor initiated the case of In re Zenga based on the putative debtors’ responses...
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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 over a pendente lite mortgage. The Lender...
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Kentucky General Assembly Halves Judgment Interest Rate
The Kentucky legislature amended KRS 360.040, which governs the interest rate on money judgments. Previously, money judgments bore interest at 12% – the new rate is 6%, which is more in line with other...
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Comer Introduces Industrial Hemp Bill
Kentucky Representative (and former agriculture commissioner) James Comer introduced new legislation (H.R. 3530) to reduce the burden of regulations and statutes applicable to industrial hemp, an...
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SCOKY Drops the Ball in Unifund
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...
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Kentucky To Consider E-Recording Reforms
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...
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Is eRecording Secure? Recognizing the Risks, Deflating the Myths
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...
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