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Legendary Investors Group No. 1 LLC v. Niemann
Bank’s decision to draw from $841,280 letter of credit does not extinguish entire $9.3 million debt, because debt was clearly not paid in full.
Banking Mar. 26, 2014
Deutsche Bank National Trust Co. v. Federal Deposit Insurance Corp.
Deutsche Bank may not pursue claims against FDIC for sales of IndyMac assets, because its low priority as a creditor made it unable to recover anything.
Banking Mar. 12, 2014
California Bank & Trust v. Piedmont Operating Parntership
Partnership may not collect deposit that was used to secure lease to bank after bank failed and Federal Deposit Insurance Corp. voided lease.
Banking Aug. 18, 2013
Akopyan v. Wells Fargo Home Mortgage Inc.
National Bank Act preempts borrower's breach of contract action against federally regulated entities for purportedly misapplying payments and charging late fees.
Banking Apr. 5, 2013
Allen v. One United Bank
Despite broad removal authority, Federal Deposit Insurance Corp. is not authorized to remove case from state to federal court when it lacks party status.
Banking Mar. 18, 2013
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank.
Banking Mar. 8, 2013
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank.
Banking Feb. 13, 2013
Miller v. Bank of America N.A.
Class action against Bank of America based on allegedly unlawful debt setoffs may not proceed due to failure to identify proper class of bank customers.
Banking Jan. 28, 2013
Gutierrez v. Wells Fargo Bank NA
Bank may use high-to-low posting order that resulted in more overdraft fees because bank’s power to post transactions falls within federal banking regulatory power.
Banking Dec. 26, 2012
JP Morgan Chase Bank N.A. v. Banc of America Practice Solutions Inc.
Bank's loan has primary position although it was not filed first because it expected position of primacy when initially making loan.
Banking Sep. 28, 2012
Ragland v. U.S. Bank National Association
Bank may have wrongfully placed loan into foreclosure after telling homeowner to miss loan payment to qualify for loan modification.
Banking Sep. 12, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors.
Banking Sep. 4, 2012
FTC v. EDebitPay LLC
When calculating sanctions for civil contempt of FTC consent order, district court has broad discretion to use amount of loss by consumers.
Banking Aug. 29, 2012
Drew v. Equifax Information Services LLC
Credit reporting agency's fraud block notification is sufficient to trigger bank's duty to investigate and correct incorrect account information.
Banking Aug. 8, 2012
Evon v. Law Offices of Sidney Mickell
Debt collector manifestly violates Fair Debt Collection Practices Act by sending debt collection letter to plaintiff’s place of employment and causing her embarrassment.
Banking Aug. 2, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors.
Banking Jul. 13, 2012
SCC Acquisitions Inc. v. Central Pacific Bank
Bank's memorandum noting that borrower should be notified of decision not to renew loan does not create duty to notify borrower of nonrenewal.
Banking Jul. 12, 2012
Schlegel v. Wells Fargo Bank N.A.
Homeowners may pursue claim against Wells Fargo Bank for proceeding with acceleration of their loan despite homeowners’ compliance with loan modification agreement.
Banking Jul. 5, 2012
Parks v. MBNA America Bank N.A.
California banking statute is preempted by federal law when it impairs national bank's authority by requring specific disclosure language on convenience checks.
Banking Jun. 21, 2012
Wells Fargo Banl NA v. Baker
National Bank Act preempts Iowa statute allowing substitute service with Iowa Secretary of State because it infringes on national banks' power to sue.
Banking Apr. 4, 2012
Benson v. JPMorgan Chase Bank N.A.
Claims by victims of Ponzi scheme are properly dismissed because victims were required to exhaust administrative remedies with Federal Deposit Insurance Corp.
Banking Mar. 20, 2012
McOmie-Gray v. Bank of America Home Loans
Three-year statute of repose requires dismissal of rescission claim filed more than three years after consummation of home-secured loan, regardless of when borrower sends notice of rescission.
Banking Feb. 9, 2012
Balderas v. Countrywide Bank N.A.
Complaint alleging Truth In Lending Act violation survives dismissal motion based on three-day statutory rescission period where plaintiffs claimed notice of right to cancel loan was incomplete.
Banking Dec. 30, 2011
Fayroyan-Mezhlumyan v. Wells Fargo Bank
Plaintiff asserting cause of action related to loan account against defendant-bank is not ‘depositor’ subject to one-year statute of limitations.
Banking Dec. 23, 2011
Rose v. Bank of America N.A.
Unfair competition law action fails where based on claim that bank violated Truth in Savings Act by failing to notify plaintiffs of fee increases on deposit accounts.
Banking Nov. 22, 2011
Grayson Services Inc. v. Wells Fargo Bank
National banking association is subject to duties and liabilities imposed on 'third persons' under California's Enforcement of Judgments Law.
Banking Sep. 27, 2011
Lyon v. Chase Bank USA N.A.
Credit-card holder states valid claim under Oregon's Unlawful Debt Collection Practices Act when bank had reason to know that it violated Fair Credit Billing Act.
Banking Aug. 31, 2011
Bank of America Corp. v. Superior Court (Ronald)
Borrowers fail to show cause of action for fraudulent concealment where no nexus exists between alleged scheme and generalized harm of home value decline.
Banking Aug. 25, 2011
McCoy v. Chase Manhattan Bank USA
State law permits creditor to raise interest rates in event of default in its discretion, up to maximum rate permitted by cardmember agreement.
Banking Aug. 22, 2011
Aguayo v. U.S. Bank
Post-repossession notices under California’s Rees-Levering Act are not ‘credit-related documents’ subject to National Bank Act preemption.
Banking Aug. 2, 2011