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Bob Ellis is a Member in Dykema’s litigation group. Mr. Ellis’s practice focuses on business and commercial litigation in the areas of contract disputes, privately-held businesses, insurance litigation, financial services litigation, residential and commercial real estate, business torts, trade secrets, recall and warranty cost-recovery matters, and automotive dealer and supplier disputes.

This article originally appeared in the November 2018 edition of National Mortgage Professional Magazine.

In the fallout from the 2008 financial crisis, courts across the United States were inundated with litigation challenging the legitimacy of mortgages, notes, and the records purporting the transfer or assign them. Such claims included asserting that endorsements of promissory notes were not enforceable, claiming assignments of mortgages were executed without authority, and allegations that the note, mortgage, or associated disclosure documents were neither presented to nor signed by the borrowers. In recent years, as the economy appears to have improved, much of this litigation has died down. However, it does not take much imagination to assume that if and when the next economic downturn hits, some borrowers may again find themselves in default on their mortgage obligations, and in turn may seek to challenge the enforceability of those agreements.  Continue Reading What’s Past is Prologue: Applying Lessons from the Financial Crisis to the Future of eMortgage and eNote Litigation

On October 11, 2016, the United States Supreme Court granted certiorari in the matter of Johnson v. Midland Funding LLC, on appeal from the Eleventh Circuit Court of Appeals, in order to resolve whether a conflict exists between the Fair Debt Collection Practices Act (“FDCPA”) and the Bankruptcy Code. In Midland Funding, the appellate court found a debt collector to have violated the FDCPA by filing a proof of claim on time-barred debt in a Chapter 13 bankruptcy.

Continue Reading Supreme Court to Hear Case Involving Interplay Between Fair Debt Collection Practices Act and Bankruptcy Code