Mealey's Mortgage Lending

  • February 22, 2017

    Court Finds Borrowers Have No Standing To Challenge Foreclosure

    SAN FRANCISCO — A California appellate panel on Feb. 17 affirmed a ruling in favor of various lenders, finding that property owners failed to show that they had standing to challenge a foreclosure under a pooling and services agreement (Hanneke C. Gary R. Lohse, v. Nationstar Mortgage LLC, et al., No. A142814, Calif. App., 1st App., Div. 4, 2017 Cal. App. Unpub LEXIS 1210).

  • February 22, 2017

    Federal Judge Refuses To Remand Florida Homeowners' FDUPTA Claims

    TAMPA, Fla. — A Florida federal judge on Feb. 21 denied a motion filed by 30 property owners to remand their claims related to a bank's denial of their requests for loan modifications, finding that the amount in controversy exceeds $75,000 (Abelardo Alonso, et al. v. Bank of America, N.A., No. 8:17-cv-238, M.D. Fla., 2017 U.S. Dist. LEXIS 23580).

  • February 21, 2017

    4th Circuit Affirms Dismissal Of False Claims Act Allegations Against Bank

    RICHMOND, Va.— The Fourth Circuit U.S. Court of Appeals on Feb. 16 affirmed a district court's dismissal of claims for violation of the False Claims Act (FCA) against a bank, finding that a borrower failed to show that it was involved in a scheme that resulted in the submission of false claims (United States, ex rel., Lynn E. Szymoniak, et al. v. American Home Mortgage Servicing Inc., et al., No. 15-1720, 4th Cir., 2017 U.S. App. LEXIS 2742).

  • February 16, 2017

    Federal Judge Finds No Support For Discrimination Claim Against Lenders

    BOSTON — A Massachusetts federal judge on Feb. 15 granted a motion filed by a loan servicer and a bank to dismiss the second amended complaint filed by a property owner, who alleged that she was denied a loan modification because she is a minority home owner, finding that she failed to sufficiently plead her claims (Januris Hernandez De Leon v. Ocwen Loan Servicing, No. 16-cv-10402, D. Mass., 2017 U.S. Dist. LEXIS 21264).

  • February 16, 2017

    Judge: Securities Investment Adviser’s Opinion On Mortgage Lending Practices Is Barred

    RALEIGH, N.C. — Excluding a securities investment adviser’s testimony because he is not qualified as an expert on mortgage lending practices and policies, a North Carolina federal judge ruled Feb. 14 that genuine issues of fact exist concerning negligence, breach of fiduciary duty and bad faith claims against a bank to survive summary judgment (Paul B. Hetzel v. JPMorgan Chase Bank, N.A., No. 13-236, E.D. N.C., 2017 U.S. Dist. LEXIS 20293).

  • February 15, 2017

    Federal Judge Allows Borrower’s Foreclosure-Related Claims To Proceed

    SACRAMENTO, Calif. — After finding that claims asserted by borrowers whose property was sold at a trustee's sale even though they allegedly received assurances from lenders that the loan was current were sufficiently pleaded, a California federal judge on Feb. 14 denied a lender's motion to dismiss the case (Charles Hawkins, et al. v. Bank of America N.A., et al., No.  2:16-cv-00827, E.D. Calif., 2017 U.S. Dist. LEXIS 20912).

  • February 13, 2017

    Judge Refuses To Bifurcate Merits And Class Certification Discovery

    CHICAGO — An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).

  • February 9, 2017

    Florida Federal Judge Allows FCCPA Claim Against Lender To Proceed

    FORT LAUDERDALE, Fla. — A Florida federal judge on Feb. 6 dismissed claims for negligence and violation of the Real Estate Settlement Procedures Act (RESPA) against a bank in relation to a request for information but allowed a claim for violation of Florida consumer collection law to proceed (Loris B. Ranger, et al. v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company, No. 15-62511, S.D. Fla., 2017 U.S. Dist. LEXIS 17148).

  • February 9, 2017

    8th Circuit Finds Class Member Lacks Standing To Challenge $25.7M Settlement

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Feb. 8 found that a member of a class action lacked standing to appeal a district court's final approval of a $25,750,000 settlement of claims asserted against a bank in relation to fees it automatically charged for property inspections (Edward Huyer, et al. v. Rhadiante Van de Voorde, No. 16-1694, 8th Cir., 2017 U.S. App. LEXIS 2290).

  • February 7, 2017

    Federal Judge Finds TILA Claims Are Barred By Rooker-Feldman

    ORLANDO, Fla. — A Florida federal judge on Feb. 6 granted a bank's motion to dismiss a property owner's claims for violation of the Truth in Lending Act (TILA), finding that his claims were barred by a ruling in a previous state court case (Ernest Michael Ellis III v. U.S. Bank, N.A., et al., No. 6:16-cv-1750, M.D. Fla., 2017 U.S. Dist. LEXIS 16003).

  • February 3, 2017

    2nd Circuit Finds Duty Under RESPA Was Not Triggered, Affirms Ruling

    NEW YORK— The Second Circuit U.S. Court of Appeals on Jan. 31 affirmed a bankruptcy court's finding that a mortgage company's statutory duty to respond to a request under the Real Estate Settlement Procedures Act (RESPA) was never triggered (Barry F. Mack v. Rescap Borrower Claim Trust, No. 16-304, 2nd Cir., 2017 U.S. App. LEXIS 1683).

  • February 3, 2017

    California Court Finds No Facts To Support Claims Stemming From Loan Assignments

    SACRAMENTO, Calif. — A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).

  • February 2, 2017

    Federal Judge Denies Requests For Injunction Barring Property Foreclosure

    SAN FRANCISCO — A California federal judge on Jan. 30 denied a request for a preliminary injunction barring foreclosure of a property, finding that the owners of the house failed to show that they would likely succeed on the merits of the case (Stephen J. Millman, et al. v. Wilmington Savings Fund Society FSB, et al., No. 16-cv-07402, N.D. Calif., 2017 U.S. Dist. LEXIS 12593).

  • February 2, 2017

    9th Circuit Affirms Dismissal Of Claims Based On Foreclosure

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Jan. 26 affirmed a district court's dismissal of a property owner's foreclosure-related claims against various banks and lenders, finding that he failed to state a plausible claim for relief (Cris J. Markey v. Bank of America, N.A., et al., No. 13-17157, 9th Cir., 2017 U.S. App. LEXIS 1412).

  • February 1, 2017

    5th Circuit Affirms Dismissal Of Title And TILA Claims Against Lenders

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 23 affirmed a district court's decision to grant summary judgment in favor of several mortgage lenders, finding that the borrowers did not hold superior title to the home and that their claim for violation of the Truth in Lending Act (TILA) was time-barred (Andrew Antony, et al. v. Federal Home Loan Mortgage Corp., et al., No. 16-20378, 5th Cir., 2017 U.S. App. LEXIS 1127).

  • January 27, 2017

    Federal Judge Remands Claims Related To Loan Modification Request

    LOS ANGELES — A California federal judge on Jan. 24 granted a borrower's motion to remand his lawsuit in which he asserted numerous causes of action against a lender related to the denial of a loan modification, finding that the court lacked jurisdiction (David L. Tripp II v. Nationstar Mortgage LLC, No. 8:16-cv-1414, C.D. Calif.; 2017 U.S. Dist. LEXIS 9922).

  • January 26, 2017

    5th Circuit Finds Court Did Not Err In Calculating Loan Balance

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 23 affirmed a district court's decision in favor of CitiMortgage Inc., finding that the court did not err when it accepted the lender's calculation of what the balance on the loan was (Michael A. Maldonado v. CitiMortgage Inc., No. 16-20541, 5th Cir.; 2017 U.S. App. LEXIS 1144).

  • January 25, 2017

    Judge Grants Leave To Amend Claims Asserted Over Mortgage Transfer

    NEW YORK — A New York federal judge on Jan. 24 granted a property owner leave to amend his complaint against various lenders in which he asserts causes of action related to the transfer of his mortgage, finding that the court could not yet adjudicate a pending motion to dismiss the case (Johnny IM v. Bayview Loan Servicing LLC, et al., No. 16-CV-634, S.D. N.Y.; 2017 U.S. Dist. LEXIS 9744).

  • January 24, 2017

    Court Reverses Order Striking Voluntary Dismissal, Affirms Award Of Fees

    SAN DIEGO — A California appeals court on Jan. 20 affirmed a trial court's decision to award a mortgage company fees it incurred and an award of sanctions but reversed a ruling that the trial court lacked jurisdiction to strike her voluntary dismissal and enter judgment against her (Gwendolyn Wilson v. Nationstar Mortgage LLC, No. D070965, Calif. App., 4th Dist., Div. 1; 2017 Cal. App. Unpub. LEXIS 431).

  • January 24, 2017

    6th Circuit Finds RESPA And Foreclosure Claims Are Not Related

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 20 affirmed a district court's decision to dismiss a borrower's compulsory counterclaim of foreclosure, finding that a foreclosure case is not "logically related" to a claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Christine Marais v. JPMorgan Chase Bank, N.A., No. 16-3323, 6th Cir.; 2017 U.S. App. LEXIS 1095).