New opinions — foreclosure-suit limits and an invalid immigration regulation

Two published opinions today.

Kaymark v. Bank of America — foreclosure / consumer — reversal — Fisher

After a homeowner defaulted on a mortgage, the bank foreclosed. The foreclosure suit included demands for certain fees that had not been incurred yet. The homeowner then brought suit, alleging that these demands violated the Fair Debt Collection Practices Act. The district court dismissed, but today the Third Circuit reversed in part. The court held that the FDCPA applies to mortgage complaints, not just debt-collection letters, and held that the homeowner adequately pled an FDCPA violation when he alleged that the bank sued for fees it had not yet incurred and did not disclose that these fees were estimates. The court affirmed dismissal of other claims.

Joining Fisher were Fuentes and Krause. Arguing counsel were Michael Malakoff—  for the homeowner, Thomas Allen (a UNC law alum!) for the bank, and Jonathan Bart for the law firm that filed the foreclosure suit,

Shalom Pentecostal Church v. Secretary DHS — immigration — affirmance — Krause

The Third Circuit today struck down an immigration regulation. The underlying statute permits certain immigrant religious workers to get a visa if (among other requirements) they have been carrying on religious work for the two years before seeking the visa. The regulation limited the statute by providing that the two years of religious work must have been done while lawfully in the country. The district court struck down the regulation’s limitation as ultra vires, and today the Third Circuit — apparently the first circuit to reach the issue — affirmed. The court also rejected the government’s standing arguments, and it remanded for further proceedings.

Joining Krause were Rendell and Greenaway. Arguing counsel were William Stock for the immigrant and Geoffrey Forney for the government.

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