Aiding and Abetting A Breach Of Fiduciary Duty

In continuing my review of breach of fiduciary duty claims, (If…
Read more

Two Judges Who Get It About Banks

A Missouri judge ordered Wells Fargo to pay over $3 million for…
Read more

US Supreme Court Says You Have 3 Years To Rescind By Sending Notice Under TILA

Jesinoski v. Countrywide Home Loans, Inc. Holding: A borrower…
Read more

A Conversation about Fiduciary Duties

In real estate disputes, the relationship between the bank and…
Read more

Pre-Discovery Motions For Summary Judgment Can Be Premature

A plaintiff may sometimes make a motion for Summary Judgment…
Read more

UCC Article 9 Requirement of Disposing of Collateral In A Commercially Reasonable Manner

n collection cases involving secured debt, a court may preclude…
Read more

Equitable Estoppel as a Defense to Debt Collection or Foreclosure

A Plaintiff may be estopped from seeking to recover an alleged…
Read more

Defective Notice of Default

Here is a case that sums up the risk a lender faces when its…
Read more

Acting in Bad Faith, Breaching the Implied Covenant of Good Faith

It is common sense that you don't expect the person you are entering…
Read more