ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court’s dismissal of claims for discrimination and breach of contract asserted by a borrower in relation to an alleged loan modification, finding that a lender and loan servicer never offered a modification (Angela Molina v. Aurora Loan Services, LLC, et al., No. 16-17401, 11th Cir., 2017 U.S. App. LEXIS 19744).
CHICAGO — After finding that a borrower’s claims related to his requests for a loan modification from a lender were barred by a previous state court foreclosure judgment, an Illinois federal judge on Oct. 10 dismissed his claim for violation of the Real Estate Settlement and Procedures Act (RESPA) (James Alexander Saadi v. Citimortgage Inc., No. 17-1966, N.D. Ill., 2017 U.S. Dist. LEXIS 166986).
SEATTLE — The Ninth Circuit U.S. Court of Appeals on Oct. 5 rejected an appeal of a court’s decision to dismiss their claims against lenders under Washington law, finding that borrowers failed to show that any allegedly unfair actions committed by the lenders caused them to suffer an injury (Stephanie Tashiro-Townley, et al. v Bank of America New York Mellon Corp., et al., No. 16-35590, 9th Cir., 2017 U.S. App. LEXIS 19508).
SEATTLE — After determining that a property owner and manager engaged in discriminatory housing practices, a Washington federal judge on Oct. 5 awarded a fair housing center $127,302 in actual and punitive damages (Fair Housing Center of Washington v. Breier-Scheetz Properties LLC, et al., No. 16-922, W.D. Wash., 2017 U.S. Dist. LEXIS 165543).
SAN DIEGO — After finding that a borrower failed to show that he would likely succeed on the merits of his petition before an appeals court for review of an order denying his requests for discovery regarding his mortgage, a California federal judge on Oct. 4 refused to stay the case pending the outcome of the petition (Norman Shaw v. Bank of America, et al., No. 12-cv-1207, S.D. Calif., 2017 U.S. Dist. LEXIS 164794).
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Oct. 2 affirmed a district court’s dismissal of claims asserted by borrowers who alleged that their lender engaged in discriminatory lending practices, finding that their claims were barred by a statute of limitations (Tyrone Guy, et al. v. Mercantile Bank Mortgage, Co., et al., No. 16-2687, 6th Cir., 2017 U.S. App. LEXIS 19329).
BOSTON — The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a district court’s decision to dismiss a borrower’s claim for violation of Massachusetts’ predatory lending law, finding that the claim was barred by a five-year statute of limitations (John Rife v. One West Bank, F.S.B., et al., No. 16-1305, 1st Cir., 2017 U.S. App. LEXIS 18889).
ATLANTA — After determining that a property foreclosure never actually occurred, the 11th Circuit U.S. Court of Appeals on Sept. 26 affirmed a district court’s decision dismissing a complaint filed by borrowers seeking injunctive relief against various lenders (Jorge E. Espinoza v. Countrywide Home Loans Servicing LP, et al., No. 14-13933, 11th Cir., 2017 U.S. App. LEXIS 18566).
HOUSTON — A Texas federal judge on Sept. 26 granted a lender’s motion for summary judgment on claims related to a foreclosure of a property, finding that a previous lawsuit filed by the borrowers involved the same claims and parties and barred the current action (Rafael F. Vazquez, et al. v. Selene Finance L.P., et al., No. 17-1793, S.D. Texas, 2017 U.S. Dist. LEXIS 156968).
BALTIMORE — After finding that a borrower’s claims related to a lender’s alleged fraud-for-profit scheme was barred by a statute of limitations and that he failed to assert facts to support his other allegations, a Maryland federal judge on Sept. 25 granted dismissal of the case in favor of a bank (Kwame Taylor v. M&T Bank, et al., 17-2434, D. Md., 2017 U.S. Dist. LEXIS 156080).
ATLANTA — After finding that a borrower failed to show that a loan servicer’s response to her request for information regarding her loan did not violate the Real Estate Settlement Procedures Act (RESPA), the 11th Circuit U.S. Court of Appeals on Sept. 22 affirmed a summary judgment ruling for the servicer (Jaki Baez v. Specialized Loan Servicing LLC, No. 16-17292, 11th Cir., 2017 U.S. App. LEXIS 18362).
PITTSBURGH — In a mortgage insurance reinsurance scheme case, mortgagors and a reinsurer are not entitled to judgment on a Real Estate Settlement Procedures Act (RESPA) claim under Third Circuit U.S. Court of Appeals law, homeowners say in a brief filed Sept. 19 in a Pennsylvania federal court (Linda Menichino, et al. v. Citibank, N.A., et al., No. 12-00058, W.D. Pa., 2017 U.S. Dist. LEXIS 86380).
ISLIP, N.Y. — After finding that a borrower was not a consumer under the Fair Debt Collection Practices Act (FDCPA), a New York federal judge on Sept. 19 dismissed her complaint against a loan servicer in relation to a notice and default letter (Janine Carbone v. Caliber Home Loans Inc., No. 15-5190, E.D. N.Y., 2017 U.S. Dist. LEXIS 151810).
RENO, Nev. — A Nevada federal judge on Sept. 20 granted summary judgment in favor of a loan servicer, finding that a homeowners association foreclosure sale was based on an unconstitutional statute and did not extinguish the servicer’s deed on the property (Green Tree Servicing LLC, et al. v. Rainbow Bend Homeowners Association, et al., No. 3:15-cv-00297, D. Nev., 2017 U.S. Dist. LEXIS 152686).
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 13 found no evidence to support a finding that two mortgage companies or their agents made a promise to a borrower that they would delay the foreclosure of her property, affirming the dismissal of the case (Martha S. Panaszewicz v. GMAC Mortgage LLC, et al., No. 13-16942, 9th Cir., 2017 U.S. App. LEXIS 17884).
PROVIDENCE, R.I. — After finding that a lender breached the terms of a mortgage, a Rhode Island federal judge on Sept. 15 denied its counterclaim for an order allowing judicial foreclosure and granted summary judgment in favor of the borrowers (Nancy A. Boynton, et al. v. Federal Housing Finance Agency, et al., No. 15-350, D. R.I., 2017 U.S. Dist. LEXIS 150442).
WASHINGTON, D.C. — A group of borrowers on Sept. 9 filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of an appeals court’s decision to affirm the dismissal of their claim for violation of the Fair Debt Collection Practices Act (FDCPA) as barred by a previous state court action (Kathleen J. Todd, et al. v. U.S. Bank, N.A., et al., No. 17-348, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3351).
GREENVILLE, S.C. — After finding that a borrower’s request for an injunction barring lenders from taking any foreclosure-related action against her property was prohibited by the Anti-Injunction Act, a South Carolina federal judge on Sept. 14 adopted a magistrate’s judge’s recommendation to dismiss the case (Tracy Ligget v. Fifth Third Mortgage, et al., No. 7:16-4011, D. S.C., 2017 U.S. Dist. LEXIS 148882).
NEW YORK — After finding that several lenders failed to demonstrate a likelihood of harm, a New York federal judge on Sept. 11 denied their request for a preliminary injunction, seeking court oversight or the the appointment of a special master to oversee a bank’s actions in relation to loans that are subject to underlying litigation (Mortgage Resolution Servicing LLC, et al. v. JPMorgan Chase Bank, N.A., No. 15-293, S.D. N.Y., 2017 U.S. Dist. LEXIS 147291).
OAKLAND, Calif. — After finding that the majority of a borrower’s claims for violation of California’s unfair competition law (UCL) in relation to a bank’s collection of mortgage post-payment interest were properly pleaded, a California federal judge on Sept. 11 denied the majority of the bank’s motion to dismiss the borrower’s complaint (Vana Fowler v. Wells Fargo Bank, N.A., No. 17-cv-02092, N.D. Calif., 2017 U.S. Dist. LEXIS 146732).