Adam Israel

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Adam is a Partner in Balch & Bingham’s Birmingham office.  Adam’s practice primarily centers on financial services litigation, general commercial litigation, and appellate litigation in both federal and state court.  Adam has represented lenders in a variety of contexts, including suits regarding real estate title disputes, card processing disputes, promissory note disputes, and securities-related disputes.

Latest Articles

The Eleventh Circuit recently clarified that sending periodic mortgage statements following a debtor’s bankruptcy discharge is not misleading to the “least sophisticated consumer.” In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) Gayle Helman filed suit, alleging that Bank of America violated the Fair Debt Collections Practices Act (FDCPA), Florida Consumer Collection Practices Act (FCCPA), and other state laws when it sent Ms. Helman periodic mortgage statements after her…
In a victory for defendants, the Eleventh Circuit recently agreed that a mere procedural violation—the kind of injury that has become the favorite of the plaintiffs’ bar—is insufficient to confer Article III standing. More specifically, the Eleventh Circuit concluded that a certified return receipt will satisfy a lender’s obligation under Regulation X to provide written acknowledgment of a request for information within five days. Though this decision is unpublished, it is persuasive authority that may…
Last month, the Eleventh Circuit rejected a plaintiff’s bid to keep her class action in state court even though CAFA’s local controversy exception would have required a remand. In Blevins v. Aksut, No. 16-11585, — F.3d —, (11th Cir. Mar. 1, 2017), the Court held that the “local controversy” exception to CAFA jurisdiction does not apply when the federal court has an independent basis for subject matter jurisdiction. Elizabeth Blevins, on behalf of herself…
The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to timely record a mortgage satisfaction, as it is statutorily required to do, but does not allege any additional concrete injury.…
In a recent decision, the Eleventh Circuit (Lage v. Ocwen Loan Servicing, LLC, No. 15-15558 (11th Cir. Oct. 7, 2016)) held that a loan servicer is not required to evaluate a completed loan modification application if that application is submitted less than 37 days before a foreclosure sale is originally scheduled to occur. The Court held that this applies even when the foreclosure sale on the property is rescheduled to a later date, making the…
In an unpublished opinion, the Eleventh Circuit applied the Supreme Court’s recent opinion in Spokeo, Inc. v. Robins, 578 U.S. ___, 136 S. Ct. 1540 (2016) and held that a debtor who allegedly did not receive certain disclosures required by the Fair Debt Collections Practices Act (FDCPA) suffered an injury-in-fact to her statutorily created right to receive such information, and therefore had standing to pursue an FDCPA claim against the entity attempting to collect the…
The Eleventh Circuit recently affirmed the dismissal of a putative class action relating to the settlement charges a mortgage service provider is allowed to collect under the Real Estate Settlement Procedures Act (“RESPA”).  In Clements v. LSI Title Agency, Inc., No. 14-11636, the Court held: (1) that a mortgage service provider does not perform only “nominal” services when it procures a closing attorney; and (2) that a mortgage service provider does not violate RESPA by…
In Collins v. Experian Information Solutions, Inc., No. 14-11111 (11th Cir. January 5, 2015), the plaintiff sought to recover damages for emotional distress resulting from a credit reporting agency’s failure to reasonably investigate disputed information in his credit file.  Prior to the lawsuit before the court, Equable Ascent Financial, LLC sued Curtis Collins in small claims court in Jefferson County, Alabama.  After a trial, the small claims court entered judgment for Collins.  He immediately wrote…
The Alabama Supreme Court recently held in Tender Care Veterinary Hospital, Inc. v. First Tuskegee Bank, No. 1131078 (Nov. 26, 2014), that standard breach-of-fiduciary duty and fraud claims asserted against a bank are subject to a two-year statute of limitations, which begins to run when the aggrieved party is injured and discovers or should have discovered its injury. Tender Care Veterinary Hospital, Inc. (“TCVH”) received a loan from First Tuskegee Bank to construct a veterinary…
In Harris v. Schonbrun, No. 13-15505 (11th Cir. Dec. 10, 2014), the Eleventh Circuit recently held that a waiver of the buyer’s right to rescind that is executed at the same time as a borrower’s loan documents can be a violation of the Truth in Lending Act (“TILA”).  Additionally, the Court explained that, once a court orders rescission under TILA, it must award statutory damages, attorney’s fees, and costs. Section 1635 of TILA gives home…