Mealey's Mortgage Lending

  • October 12, 2017

    11th Circuit Finds No Existence Of Loan Modification, Affirms Dismissal

    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).

  • October 11, 2017

    Federal Judge Dismisses RESPA Claim As Barred By State Court Ruling

    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).

  • October 9, 2017

    9th Circuit Finds Lender’s Actions Did Not Cause Injury To Property Owners

    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).

  • October 9, 2017

    Judge Awards Fair Housing Center $127,302 In Damages For Unfair Housing Practices

    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).

  • October 6, 2017

    Judge Refuses To Stay TILA Action Pending Outcome Of Writ

    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).

  • October 5, 2017

    6th Circuit Says Borrowers’ ECOA Claim Against Lender Was Untimely

    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).

  • October 3, 2017

    1st Circuit Affirms Dismissal Of Borrower’s Predatory Lending Claim

    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).

  • September 29, 2017

    Panel Finds Foreclosure Case Did Not Trigger Statute Of Limitations

    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).

  • September 28, 2017

    Judge Dismisses Borrower’s Foreclosure-Related Claims As Barred By Res Judicata

    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).

  • September 27, 2017

    Judge Finds Claims Against M&T Related To Scheme Are Time-Barred

    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).

  • September 26, 2017

    Panel Finds Servicer’s Response To Borrower Did Not Violate RESPA

    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).

  • September 22, 2017

    Homeowners Say Reinsurer, Mortgagors Are Not Entitled To Judgment On RESPA Claim

    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).

  • September 22, 2017

    Federal Judge Finds Borrower’s FDCPA Claim Against Loan Servicer Fails

    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).

  • September 22, 2017

    Judge Finds HOA Sale Was Based On Unconstitutional Nevada Housing Law

    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).

  • September 20, 2017

    9th Circuit Finds No Evidence To Support Promissory Estoppel Case

    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).

  • September 19, 2017

    Fannie Mae Violated Mortgage By Accelerating Loan, Federal Judge Rules

    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).

  • September 18, 2017

    Borrowers Seek High Court Review Of Whether FDCPA Claim Was Barred

    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).

  • September 15, 2017

    Anti-Injunction Act Bars Request For Order Preventing Foreclosure, Judge Finds

    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).

  • September 13, 2017

    Judge Rejects Request For Oversight Of Chase’s Actions Related To Loans

    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).

  • September 13, 2017

    Judge: UCL Claims Against Wells Fargo For Collection Of Interest Can Stand

    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).