Michael Abraham Citron's Legal Cases (2)

Consumer protection

Walker v. Branch Banking and Trust Company

Feb 23, 2017

OUTCOME: Motion to Dismiss Denied.

Mortgagors brought action against loan servicer, alleging it violated the Real Estate Settlement Procedures Act (RESPA), and its implementing regulations, by failing to provide an adequate response to ... mortgagors qualified written request for information. Servicer moved to dismiss for failure to state a claim. Court found that: 1 mortgagors sufficiently alleged that servicer failed to adequately respond to their qualified written request for information, as required to state a claim under RESPA regulation; 2 servicer did not violate its obligation under regulation implementing the RESPA when it failed to respond to a notice of error submitted by mortgagors; 3 servicer's alleged failure to respond to mortgagors' request for a complete pay history for the life of their mortgage loan could provide a basis for servicer's liability under RESPA regulation; 4 mortgagors stated a claim for actual damages for servicer's alleged violation of the RESPA; and 5 mortgagors sufficiently alleged that servicer engaged in a pattern or practice of failing to comply with its obligation to respond to requests for information under RESPA, as required to state a claim for statutory damages.

Bankruptcy and debt

In re: Abraham A. Elkouby

Feb 29, 2016

OUTCOME: Motion to Compel Surrender and thus abandon defending foreclosure, Denied

Background: Creditor whose claim was secured by real property that individual Chapter 7 debtor had elected to surrender filed motion to reopen case in order to compel debtor to perform his stated inten ... t by ceasing to defend foreclosure action instituted by creditor after trustee had failed to administer property and abandoned it back to debtor.Holdings: The Bankruptcy Court, Laurel M. Isicoff, J., held that:1 time for secured creditor to seek relief from bankruptcy court based on debtor's failure to perform a statement of intention with respect to property that secures the creditor's claim is during the bankruptcy case, and2 surrender by debtor of real property securing creditor's claim was surrender to trustee, not to creditor, and creditor could not assert that debtor's stated intent to surrender the property had any consequence with respect to creditor post-bankruptcy, such as by precluding debtor from defending action by creditor to foreclose its security interest in property.Motion denied. In re Elkouby, 561 B.R. 551 (Bankr. S.D. Fla. 2016)

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