Mealey's Mortgage Lending

  • August 15, 2017

    11th Circuit Affirms Dismissal Of Federal Mortgage Complaint Under Rooker-Feldman

    ATLANTA — Calling it “an unfortunate case,” an 11th Circuit U.S. Court of Appeals panel on Aug. 11 affirmed the dismissal of a federal mortgage lending complaint, noting that under the Rooker-Feldman doctrine, it was prevented from reviewing Florida courts’ erroneous prior rulings upholding the foreclosure of the homeowners’ property (Sherone Waisome, et al. v. JP Morgan Chase Bank NA, et al., No. 16-16531, 11th Cir., 2017 U.S. App. LEXIS 14927).

  • August 11, 2017

    Panel Finds Ocwen Did Not Violate RESPA When It Denied Information Request

    ATLANTA — After finding that a loan servicer was not required to provide a borrower with the contact information for the owner of the borrower’s loan, the 11th Circuit U.S. Court of Appeals on Aug. 8 affirmed dismissal of his claims for violation of the Real Estate Settlement Procedures Act (RESPA) (David Mejia v. OCWEN Loan Servicing LLC, No. 16-16353, 11th Cir., 2017 U.S. App. LEXIS 14533).

  • August 10, 2017

    1st Circuit Finds HSBC, Wells Fargo Had Authority To Foreclose

    BOSTON — After finding that a bank had the authority to foreclose on a property, the First Circuit U.S. Court of Appeals on Aug. 8 affirmed a district court’s dismissal of claims asserted against two banks by borrowers who sought to prevent a foreclosure (Christopher Hayden, et al. v. HSBC Bank USA, et al., No. 16-2274, 1st Cir., 2017 U.S. App. LEXIS 14582).

  • August 9, 2017

    Lender Enters $74M Settlement To Resolve False Claims Act Violations

    NEW YORK — The U.S. Department of Justice (DOJ) on Aug. 8 announced that several mortgage lenders have entered a $74,453,802 settlement with it, resolving allegations that the lenders violated the False Claims Act when they originated loans that did not meet applicable requirements.

  • August 7, 2017

    Court Finds Judge Erred In Dismissing UCL, Wrongful Foreclosure Claims

    SAN FRANCISCO — After finding that a borrower sufficiently alleged facts to support his claims for violation of California’s unfair competition law (UCL) and wrongful foreclosure against two lenders, a California appeals panel on Aug. 2 reversed a decision granting dismissal of his claims against them and remanded the case for further proceedings (Ronald Cupp v. Federal National Mortgage Association, et al., Nos. A148011, A148507, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5306).

  • August 4, 2017

    2nd Circuit Finds No Support For HBOR, Fraud Claims, Affirms Dismissal

    NEW YORK — After finding that a borrower failed to state a cognizable claim for fraud or violation of California housing law, the Second Circuit U.S. Court of Appeals on Aug. 1 affirmed a district court’s dismissal of her case without leave to amend (Lovella Horton v. Wells Fargo Bank, N.A., et al., No. 16-4187, 2nd Cir., 2017 U.S. App. LEXIS 13902).

  • August 3, 2017

    Judge Finds Loan Servicer Did Not Collect Debt In Violation Of FDCPA

    MIAMI — After finding that the filing of a foreclosure action did not constitute the activity of debt collection under the Fair Debt Collection Practices Act (FDCPA), a Florida federal judge on July 31 granted a loan servicer's motion to dismiss a borrower's claim against it  (Roberto Calarese, et al. v. Bayview Loan Servicing LLC, No. 17-60747, S.D. Fla., 2017 U.S. Dist. LEXIS 120782).

  • August 3, 2017

    7th Circuit Finds Borrower's Claims Are Barred By Foreclosure

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on Aug. 1 rejected a former property owner's appeal of a ruling dismissing his amended complaint against a trustee and loan servicer, finding that his claims were precluded by a previous state court foreclosure action (Derick L. Berry v. Wells Fargo Bank, N.A., et al., No. 16-3544, 7th Cir., 2017 U.S. App. LEXIS 13943).

  • August 3, 2017

    Judge Finds Loan Servicer Did Not Collect Debt In Violation Of FDCPA

    MIAMI — After finding that the filing of a foreclosure action did not constitute the activity of debt collection under the Fair Debt Collection Practices Act (FDCPA), a Florida federal judge on July 31 granted a loan servicer's motion to dismiss a borrower's claim against it  (Roberto Calarese, et al. v. Bayview Loan Servicing LLC, No. 17-60747, S.D. Fla., 2017 U.S. Dist. LEXIS 120782).

  • August 2, 2017

    2nd Circuit Refuses To Rehear Appeal Of Standing Ruling For Banks

    NEW YORK — The Second Circuit U.S. Court of Appeals on July 19 denied a petition for rehearing of a decision affirming a district court's ruling that several banks had standing to enforce individual notes and mortgages under New York law and rejecting a bankruptcy trustee's appeal of a district court's summary judgment ruling in favor of the banks (Michael H. Arnold, as Chapter 11 Trustee v. First Citizens National Bank, et al., No. 16-4012, 2nd Cir., 2017 U.S. App. LEXIS 13335).

  • August 2, 2017

    Judge Refuses To Reconsider Dismissal In Favor Of Lender, CFPB Director

    BALTIMORE — A Maryland federal judge on July 31 refused to reconsider a ruling granting dismissal of claims for violation of the Truth in Lending Act (TILA) and other causes of action against a mortgage company and the director of the Consumer Financial Protection Bureau (CFPB), finding that a borrower failed to submit any new evidence in support of his claims (Samuel Shipkovitz v. Dovenmuehle Mortgage Inc., et al., No. 16-0712, D. Md., 2017 U.S. Dist. LEXIS 119615).

  • August 2, 2017

    Federal Judge Refuses To Enjoin Bank From Foreclosing On Property

    SAN FRANCISCO — A California federal judge on Aug. 1 denied a borrower's request for a temporary restraining order enjoining a foreclosure on her property, finding that she failed to show that she would likely succeed on the merits (Jeff Velasquez v. Wells Fargo, N.A., et al., No. 17-cv-03868, N.D. Calif., 2017 U.S. Dist. LEXIS 120915).

  • July 28, 2017

    2nd Circuit Refuses To Rehear Appeal Of Standing Ruling For Banks

    NEW YORK — The Second Circuit U.S. Court of Appeals on July 19 denied a petition for rehearing of a decision affirming a district court's ruling that several banks had standing to enforce individual notes and mortgages under New York law and rejecting a bankruptcy trustee's appeal of a district court's summary judgment ruling in favor of the banks (Michael H. Arnold, as Chapter 11 Trustee v. First Citizens National Bank, et al., No. 16-4012, 2nd Cir., 2017 U.S. App. LEXIS 13335).

  • July 27, 2017

    Federal Judge Allows Borrower To Replead Foreclosure-Related Claims

    LOS ANGELES — After finding that a borrower's claims for wrongful foreclosure and fraud were not sufficiently pleaded, a California federal judge on July 24 granted a motion filed by lenders to dismiss claims against them with leave to amend and refused to remand the case to a California state court (Jose A. Miranda v. SCME Mortgage Bankers Inc., et al., No. 17-03153, C.D. Calif., 2017 U.S. Dist. LEXIS 115311).

  • July 27, 2017

    Judge Refuses To Remand UCL Claim Against Wells Fargo To California Court

    RIVERSIDE, Calif. — A California federal judge on July 24 refused to remand claims for violation of California's unfair competition law (UCL) and other causes of action against a bank, finding that complete diversity jurisdiction between the parties exists and that the amount-in-controversy requirement was met (Philip Davidson, et al. v. Wells Fargo Bank, et al., No. 17-00999, C.D. Calif., 2017 U.S. Dist. LEXIS 116475).

  • July 25, 2017

    5th Circuit Finds Loan Servicer Did Not Wrongfully Foreclose Property

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 21 affirmed a district court's decision to grant summary judgment in favor of a loan servicer, finding that it did not breach a contract when it foreclosed on a property and that it did not fraudulently cancel an insurance policy on the foreclosed home (Ronald K. Webb v. Everhome Mortgage, No. 17-10243, 5th Cir., 2017 U.S. App. LEXIS 13194).

  • July 21, 2017

    Judge Finds TILA Claims Are Barred By State Foreclosure Case

    TRENTON, N.J. — After finding that a borrower's claims for violation of the Truth in Lending Act (TILA) were barred by a previous state court foreclosure case, a New Jersey federal judge on July 19 granted a loan-servicing company's motion to dismiss the case (Ariel Barel v. Green Tree Servicing, LLC, et al., No. 16-cv-08880, D. N.J., 2017 U.S. Dist. LEXIS 112424).

  • July 18, 2017

    11th Circuit Affirms Dismissal Of Claims Against Lenders For Improper Service

    ATLANTA — After finding no reversible error, the 11th Circuit U.S. Court of Appeals on July 13 affirmed a trial court's dismissal of borrowers’ claims for violation of the Truth in Lending Act (TILA) and other causes of action based on improper service and failure to state a claim (Christopher Lawrence, et al. v. Bank of America, N.A., No. 16-15647, 11th Cir., 2017 U.S. App. LEXIS 12509).

  • July 17, 2017

    9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims

    SAN FRANCISCO — After finding that borrowers failed to show that two banks violated California's unfair competition law (UCL) or wrongfully foreclosed on their property, the Ninth Circuit U.S. Court of Appeals on July 13 affirmed a district court's dismissal of their complaint (Brock Williams, et al. v. Bank of America, N.A., No. 15-17335, 9th Cir., 2017 U.S. App. LEXIS 12565).

  • July 14, 2017

    Judge Orders Successors In Interest To File Motion To Substitute

    SAN DIEGO — A California federal judge on July 12 refused to rule on a loan-servicing company's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA) until the parties move to substitute the deceased plaintiff with her successors in interest (Margarette Smith v. Specialized Loan Servicing LLC, No. 16cv2519, S.D. Calif., 2017 U.S. Dist. LEXIS 109002).