A huge obstacle to resolving the U.S. credit crisis appears to be the securitization of loans, which results in a “slicing and dicing” of loans, with one party servicing a particular loan (and servicing rights bought and sold for any particular loan multiple times) and other parties as investors in the loan. With so many […]
When a couple takes out a mortgage loan but one of the two does not sign the mortgage, can the lender foreclose on the mortgage in the event of default on the loan? It would appear not, under Minnesota statutory law, at least. Minn. Stat. 507.02. Wells Fargo, however, is now appealing just such a […]
Word today that the Minnesota Supreme Court granted cert on this case, discussed originally on this blog back in December. Paulownia Plantations de Panama Corporation vs. Ambrose Harry Rajamannan, A07-2199 (Minn. Ct. App., 12/10/08) A Man, A Plan, Paulownia Trees, Panama, or “Oh lord, stuck in Anoka County again. Rode in on the greyhound, Ill […]
The Middle-Snake-Tamarac Rivers Watershed District ordered the establishment of a flood-control project, private owners objected to the compensation offered for their property, protracted litigation ensued, and the parties entered into a settlement agreement resolving the litigation. Minnesota law provides a procedure to avoid or minimize the risk of strategic lawsuits against public participation (an “anti-SLAPP […]
On Friday, March 13, the MSBA CLE program will present the 2009 Minnesota Business Torts Deskbook Seminar (including the fully searchable Deskbook on CD ROM). I will be presenting on my chapter, Credit and Collections, which focuses on the Truth-in-Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Minnesota […]
In the Matter of the Petition of Crablex, Inc., Minn. App. Ct. , Court File No. A08-0458, decided 2/10/09. We are in an age of foreclosures and the Minnesota Court of Appeals has issued a published decision making clear that a foreclosure action “never binds any one who has not been made a party, or […]
The Minnesota Lawyer highlights Kidwell v. Sybaritic, Inc., a case now pending before the Minnesota Supreme Court, addressing the question of whether an in-house lawyer may avail himself of the state whistle-blower statute.
As a rule this blog focuses on Minnesota law but some cases outside the jurisdiction are of such importance that they are worth noting. In re American Express Merchants’ Litigation, Docket No. 06-1871 (2nd Circuit, January 30, 2009) is such a decision. In a Sherman antitrust class action claim brought against American Express by merchants, […]