Category Archives: 11th Circuit

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11th Circuit Answers When Would-Be ‘Customers’ May Bring a FINRA Arbitration Against FINRA Members and Associated Persons

Last week, in Pictet Overseas, Inc. v. Helvetia Trust, the Eleventh Circuit U.S. Court of Appeals affirmed a Florida district court’s order permanently enjoining two offshore trusts from pursuing a FINRA arbitration against a FINRA member and its associated person owners. In Pictet, two offshore trusts, Helvetia Trust and AAA Group International Trust, held custodial … Continue Reading

FDCPA – 11TH Circuit: Kinlock v. Wells Fargo Bank – Post-Foreclosure Offers of Financial Assistance to Defaulted Borrower Not Violative of FDCPA/Florida Consumer Collection Protection Act

A mortgage servicer’s offer of financial assistance to a defaulted borrower in order to induce him to vacate his property following foreclosure does not present a plausible claim under the FDCPA or its Florida equivalent. In Kinlock v. Wells Fargo Bank, N.A., No. 15-12867 (11th Cir. Feb. 26, 2016), a defaulted borrower sued his mortgage … Continue Reading
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