July 2, 2019 — Maurice Wutscher’s Christopher Hahn has been published in Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.
In “Eleventh Circuit Splits from Other Circuits on Article III Standing Under Spokeo in Re-Issued Opinion,” Mr. Hahn examines a sua sponte opinion by the U.S. Court of Appeals for the Eleventh Circuit replacing its prior opinion approving a class action settlement against a retailer for alleged FACTA violations.
“Departing from contrary opinions by other federal appellate courts, the Eleventh Circuit’s new opinion offers an updated analysis of the plaintiff-appellee consumer’s standing to bring the action under Spokeo,” he writes.
In “Sixth Circuit Bankruptcy Appellate Panel Holds Mortgage Lien Enforceable as to Interests of Non-Borrower Spouse Who Signed Mortgage, but not Note,” Mr. Hahn discusses the Sixth Circuit Bankruptcy Appellate Panel’s affirmation of a lower bankruptcy court’s ruling that a refinanced mortgage was enforceable as to the interests of both husband and wife borrowers.
“This case reinforces a mortgagee’s in rem rights to foreclosure against a non-obligor’s mortgaged interests, because the mortgage was not rendered invalid or unenforceable against the co-signor wife, who was not identified by name in the body of the mortgage which encumbered both her and her husband’s interests in the property,” he writes.