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  • Posts by Ben Raindorf
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    Ben is a commercial litigation partner at PIB Law where he focuses his practice on the representation of financial institutions in connection with financial services-related litigation matters. He has particular experience ...

Posted in General Matters

The United States District Court for the District of Massachusetts recently granted a motion to dismiss an action against U.S. Bank National Association, as trustee and Select Portfolio Servicing, Inc., brought by a borrower alleging wrongful foreclosure, violation of the state’s consumer protection statute, violation of Fair Debt Collection Practices Act, unenforceability of a note based on the Uniform Commercial Code’s (“UCC”) six-year statute of limitations, and violation of a bankruptcy discharge injunction.  Duplessis v. U.S. Bank National Association and SPS, 2018 WL 4907526 (Oct. 9, 2018).

Recently, several New York Courts have rendered decisions addressing whether Statute of Limitations concerns affect whether a party can maintain an action, or whether a dismissal was merited.

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