Foreclosure / Mobile Home: 21st Mortgage’s unperfected security interest in mobile home — which was a fixture to mortgaged real property — did not survive the real property’s foreclosure by predecessor in interest; accordingly, trial court erred in ruling that 21st Mortgage had possessory interest in mobile home that was superior to Echo River’s – Echo River Sanctuary, LLC v. 21st Mortg. Corp., No. 1D21-1940 (Fla. 1st DCA June 15, 2022) (reversed and remanded)

Foreclosure Sale: Trial court did not abuse its discretion in overruling objections to foreclosure sale; trial court reasonably found that appellant did not prove grounds for relief and failed to show that the sale price was inadequate or that it was the result of a mistake, fraud, or other irregularity – GGG Found. & Tr. LLC v. HMC Assets, LLC, No. 1D21-2879 (Fla. 1st DCA June 15, 2022) (affirmed)

RESPA / Sufficiency of Pleading / Actual Damages: Plaintiff’s claim failed to allege actual damages, either economic or noneconomic, flowing from the failure to respond to any qualified written requests – Aniel v. PHH Mortg. Corp., No. 4:21-cv-06071 (N.D. Cal. June 1, 2022) (granting dismissal of RESPA count)

TCPA / Prior Express Consent: Bank had prior express consent under TCPA to send responsive text messages to consumer, who initiated contact with the bank, precluding consumer’s recovery under TCPA – Moskowitz v. Am. Sav. Bank, F.S.B., No. 20-15024 (9th Cir. June 10, 2022) (affirming summary judgment in bank’s favor)

FCRA / Standing: Plaintiff’s conclusory allegations were insufficient to support standing to sue where only allegations were that plaintiff suffered an injury to his creditworthiness, increased difficulty obtaining credit, and embarrassment, humiliation, and other emotional injuries – Gross v. TransUnion, LLC, No. 1:21-cv-01329 (E.D.N.Y. June 13, 2022) (granting plaintiff’s motion to remand)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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