Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    9th Cir. Affirms Dismissal of TILA Claims as Barred by FIRREA
    2020-02-18

    The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s Truth in Lending Act (TILA) claim for lack of subject matter jurisdiction, holding that the claim was barred by the jurisdiction-stripping provision of the federal Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).

    A copy of the opinion in Shaw v. Bank of America is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bank of America Home Loans, Truth in Lending Act 1968 (USA)
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    5th Cir. Reverses Denial of Motion to Compel Arbitration in TILA Case
    2020-01-16

    The U.S. Court of Appeals for the Fifth Circuit recently reversed the denial of a lender’s motion to compel arbitration in an adversary bankruptcy proceeding for allegedly violating the federal Truth in Lending Act (TILA), holding that — despite conflicting clauses in two different relevant agreements — the parties had entered into a valid arbitration agreement that delegated the threshold issue of arbitrability to the arbitrator.

    Filed under:
    USA, Mississippi, Arbitration & ADR, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Truth in Lending Act 1968 (USA), Fifth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Failla and Taylor are Alive and Well: Eleventh Circuit again Confirms that Debtors Cannot Retain Secured Property Absent Reaffirmation or Redemption
    2018-04-05

    For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm the secured debt or redeem the property must surrender the property. In re Woide, No. 17-10776 (11th Cir. Apr. 5, 2018).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Bankruptcy, Mortgage loan, Foreclosure, Truth in Lending Act 1968 (USA), United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    CFPB Finalizes Further Changes to Mortgage Servicing Rules
    2018-03-09

    On March 8, 2018, the Consumer Financial Protection Bureau (CFPB or Bureau) finalized certain changes to its mortgage servicing rules. The Bureau issued a final rule1 to provide mortgage servicers with more flexibility and certainty regarding requirements to communicate with borrowers under the CFPB’s 2016 mortgage servicing amendments. 

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Debtor, Consumer Financial Protection Bureau (USA), Truth in Lending Act 1968 (USA)
    Authors:
    Gary R. Bronstein , Christina M. Gattuso , Aaron M. Kaslow
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    7th Cir. Holds TILA Claim for Failing to Rescind After Notice Was Time Barred by 1-Year SOL
    2017-12-20

    The U.S. Court of Appeals for the Seventh Circuit recently held that, following the confirmation of a foreclosure sale in Illinois, the only remedy available to a borrower under 15 U.S.C. § 1635 was damages, and therefore the one-year limitation period under 15 U.S.C. § 1640(e) applied and his claims were barred despite the fact that he provided rescission notices within three years of the loan closing, and despite the fact that the parties engaged in back-and-forth communications after the demands were first sent.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Statute of limitations, Foreclosure, Truth in Lending Act 1968 (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    10th Cir. Rejects Action to Void Foreclosure Sale Based on Prior TILA Cancellation Demand
    2017-07-03

    The U.S. Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state court action.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Res judicata and issue estoppel, Mortgage loan, Deed of trust (real estate), Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    5th Cir. Holds Tax Buyers Not Subject to TILA
    2016-06-02

    The U.S. Court of Appeals for the Fifth Circuit recently held that a transfer of a tax lien to a tax buyer under Texas law does not constitute an extension of credit that is subject to the federal Truth in Lending Act (TILA).

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Maurice Wutscher LLP, Property tax, Debt, Tax lien, Consumer Financial Protection Bureau (USA), Truth in Lending Act 1968 (USA), Fifth Circuit
    Authors:
    Eric Rosenkoetter
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Massachusetts high cost home loan law is preempted by TILA, court rules
    2011-09-30

    The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions. The July 27 ruling came in a case brought by Massachusetts residents who had jointly received a home mortgage loan from a national bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Federal preemption, Tax exemption, Credit (finance), Consumer protection, Mortgage loan, Depository institution, US Federal Government, Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Truth in Lending Act 1968 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Massachusetts
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    CFPB proposes amendments to mortgage servicing rules under RESPA and TILA
    2016-04-28

    On April 26, the CFPB published a proposed rule regarding potential amendments to certain mortgage servicing provisions in RESPA (Regulation X) and TILA (Regulation Z).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Mortgage loan, Consumer Financial Protection Bureau (USA), Truth in Lending Act 1968 (USA), Real Estate Settlement Procedures Act 1974 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

    Pagination

    • Current page 1
    • Page 2
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days