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Mealey's Mortgage Lending

  • October 18, 2018

    Judge Partially Grants Dismissal Of WVCCPA Claims Related To Loan Servicing

    CHARLESTON, W.Va. — A West Virginia federal judge on Oct. 15 allowed parts of claims for violation of the West Virginia Consumer Credit and Protection Act (WVCCPA) asserted by property owners in relation to the servicing of their loan to proceed, including a claim that the servicer continued to contact them to collect payment even though it knew they were represented by counsel (Jeffrey L. Moore, et al. v. RoundPoint Mortgage Servicing Corp., No. 2:18-cv-01222, S.D. W.Va., 2018 U.S. Dist. LEXIS 176730).

  • October 17, 2018

    New Jersey Court Upholds Foreclosure Ruling For U.S. Bank

    TRENTON, N.J. — A New Jersey appeals panel on Oct. 12 affirmed a trial court’s final judgment of foreclosure against a borrower, holding that all of her challenges to the decision were meritless (U.S. Bank National Association, et al. v. Ryung Hee Cho, No. 5299-16, N.J. Super., Chancery Div., 2018 N.J. Super. Unpub. LEXIS 2277).

  • October 16, 2018

    Judge Affirms Bankruptcy Court’s Dismissal Of Case Seeking To Stop Foreclosure

    CHARLOTTE, N.C. — A North Carolina federal judge on Oct. 12 affirmed a bankruptcy court’s dismissal of an adversary proceeding filed by a borrower attempting to stop a foreclosure, holding that he failed to show that two banks did not have an interest in the loan or that the loan was void (Michael Tyler v. Wells Fargo, N.A., et al., No. 5:18-CV-31, E.D. N.C., 2018 U.S. Dist. LEXIS 176259).

  • October 10, 2018

    Judge Finds Lender, Servicer Had Authority To Foreclose, Dismisses Lawsuit

    BOSTON — After holding that a bank and loan servicer had the authority to pursue foreclosure under the terms of a mortgage and that they did not violate a bankruptcy discharge, a Massachusetts federal judge on Oct. 9 dismissed a borrower’s claims for violation of the Fair Debt Collection Practices Act (FDCPA), wrongful foreclosure and other causes of action (Jean Duplessis v. U.S. Bank National Association, et al., No. 18-cv-10226, D. Mass., 2018 U.S. Dist. LEXIS 173596).

  • October 8, 2018

    Judge Holds Claims Based On Bank’s Alleged ‘Schemes’ Must Be Dismissed

    SAN DIEGO — A California federal judge on Oct. 4 dismissed numerous claims asserted by a trustee against a bank, holding that her claim for violation of the Fair Housing Act (FHA) was time-barred and that she did not show that the bank was a debt collector under the Fair Debt Collection Practices Act (FDCPA) (Natalie Price v. Grand Bank for Savings, FSB, et al., No. 18cv440, S.D. Calif., 2018 U.S. Dist. LEXIS 172809).

  • October 5, 2018

    Judge Holds UCL, Other Claims Lack Facts, Partially Grants Dismissal

    SACRAMENTO, Calif. — A California federal judge on Sept. 26 partially granted a motion filed by lenders to dismiss claims for negligence, violation of California’s unfair competition law (UCL) and other causes of action but allowed a borrower’s claim for violation of California’s Homeowner’s Bill Of Rights (HBOR) to proceed, holding that she submitted sufficient evidence to possibly show that the defendants failed to meet their statutory obligations under the HBOR when they did not exercise due diligence in contacting her about her default (Chanell S. Watkins v. Ditech Financial LLC, et al., No. 2:17-cv-02247, E.D. Calif., 2018 U.S. Dist. LEXIS 165718).

  • October 4, 2018

    Judge Dismisses RESPA Damages Claim, Allows Borrower To Amend

    DALLAS — A Texas federal judge on Oct. 3 granted a loan servicer’s motion to dismiss claims for damages under the Real Estate Settlement and Procedures (RESPA) and fees, holding that a borrower failed to show that the servicer engaged in a pattern or practice in violation of RESPA (German Ruiz v. PennyMac Loan Services LLC, No. No. 3:18-CV-1544, N.D. Texas, 2018 U.S. Dist. LEXIS 170460).

  • October 3, 2018

    Judge Holds FDCPA Applied To Debt, Refuses To Dismiss Borrower’s Case

    OAKLAND, Calif. — A California federal judge on Oct. 1 refused to dismiss a borrower’s causes of action for violation of the Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collections Practice Act, holding that the FDCPA applied to an allegedly settled debt with her lender (Melinda Rudio v. Credit Control, LLC, No. 16-cv-03003, N.D. Calif., 2018 U.S. Dist. LEXIS 169522).

  • October 3, 2018

    Nevada Federal Judge Holds Housing Statute Allowed For Foreclosure

    LAS VEGAS — A Nevada federal judge on Sept. 24 held that a bank failed to submit any arguments that would warrant setting aside a homeowners association foreclosure sale, holding that the sale was not conducted under an unconstitutional statute (U.S. Bank National Association v. SFR Investments Pool 1, LLC, et al., No. 2:17-CV-1424, D. Nev., 2018 U.S. Dist. LEXIS 162657).

  • October 1, 2018

    5th Circuit Says Woman’s Allegations Did Not Provide Notice Of RESPA Claim

    NEW ORLEANS— A woman’s attempt to revive her lawsuit against the Federal National Mortgage Association, also known as Fannie Mae, was rejected Sept. 4 by a Fifth Circuit U.S. Court of Appeals panel that found that she did not sufficiently state a claim under the Real Estate Settlement Procedures Act (RESPA) because she did not allege a violation in her initial complaint and because the information in her petition did not put Fannie Mae on notice of a potential claim (Angela B. Putty v. Federal National Mortgage Association, No. 17-11404, 5th Cir., 2018 U.S. App. LEXIS 25076).

  • September 28, 2018

    3rd Circuit Holds Bank Did Not Hold Mortgage, Affirms Dismissal

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Sept. 25 upheld a district court’s decision that a bank was not liable to a borrower because it did not hold the loan at the time the action was filed, affirming dismissal of her claims asserted in a bankruptcy adversary case for violation of the Truth in Lending Act and other New York law claims (In re: Washington Mutual Inc., et al. v. Washington Mutual Inc., No. 17-2360, 3rd Cir., 2018 U.S. App. LEXIS 27330).

  • September 25, 2018

    4th Circuit Rules FDCPA Applies, Remands So Borrower Can Amend

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Sept. 20 modified a district court’s decision that the Fair Debt Collection Practices Act (FDCPA) did not apply to mortgage-related entities and a law firm, holding that a borrower’s claims lacked specific allegations but that he should be granted leave to amend (Kevin Richardson v. Shapiro & Brown, LLP, et al., No. 17-2064, 4th Cir., 2018 U.S. App. LEXIS 26898).

  • September 21, 2018

    California Court Says Lawsuit Was Meritless, Affirms Dismissal, Sanctions

    SAN JOSE, Calif. — A California appeals court on Sept. 20 affirmed a ruling granting judgment for a lender on claims for alleged wrongful conduct and an order awarding it sanctions, holding that the fourth lawsuit filed by borrowers in relation to their mortgage was meritless (Jose R. Carnero, et al. v. National Default Servicing Corporation, No. H041745, Calif. App., 6th Dist., 2018 Cal. App. Unpub. LEXIS 6457).

  • September 19, 2018

    California Panel Holds Modification Agreement Was Exempt Under Usury Laws

    SACRAMENTO, Calif. — A California appeals panel on Sept. 18 affirmed a trial court’s ruling that a borrower’s claims for violation of California’s unfair competition law (UCL) and other claims failed because a modification agreement entered into with the sellers was exempt under  usury laws (Jefferson G. Smith v. Mov Hok Tang, et al., No. C076532, Calif. App., 3rd Cir., 2018 Cal. App. Unpub. LEXIS 6355).

  • September 18, 2018

    Federal Judge Dismisses FDCPA, DTPA Claims, Finds No Factual Support

    CORPUS CHRISTI, Texas — A Texas federal judge on Sept. 17 granted motions filed by two lenders to dismiss claims for wrongful foreclosure, violation of the Fair Debt Collection Practices Act (FDCPA) and Texas law, holding that borrowers failed to respond to the motions and did not submit any sufficient factual allegations in support of their claims (Artist Thornton, et al. v. Ditech Financial LLC, et al., No. 2:18-CV-156, S.D. Texas, 2018 U.S. Dist. LEXIS 157581).

  • September 13, 2018

    Bank Seeks Review Of Whether State Escrow Law Preempts National Banking Law

    WASHINGTON, D.C. — Bank of America N.A. (BANA) on Aug. 15 filed a petition for writ of certiorari with the U.S. Supreme Court, asking that it review a decision in which a federal appeals court held that the National Bank Act (NBA) did not preempt California escrow interest law (Bank of America, N.A. v. Donald M. Lusnak, No. 18-212, U.S. Sup.).

  • September 12, 2018

    Borrower Seeks Reversal Of Holding That FDCPA Does Not Apply To Foreclosures

    WASHINGTON, D.C. — A borrower who argues that the Fair Debt Collection Practices Act (FDCPA) applies to nonjudicial foreclosure proceedings on Sept. 10 filed his opening brief with the U.S. Supreme Court, arguing that an appeals court ruling holding otherwise and dismissing his claims against Wells Fargo Bank N.A. and a law firm should be reversed (Dennis Obduskey v. McCarthy & Holthus LLP, No. 17-1307, U.S. Sup.).

  • September 12, 2018

    FDCPA Provides No Basis For Restraining Order, Federal Judge Rules

    TACOMA, Wash. — A Washington federal judge on Sept. 11 refused to issue a temporary restraining order to prevent a foreclosure, holding that borrowers failed to give proper notice of the request to lenders and a loan servicer and that the Fair Debt Collection Practices Act (FDCPA) provided no basis for restraint (Roger Havranek, et al. v. Nationstar Mortgage, LLC, No. 18-5734, W.D. Wash., 2018 U.S. Dist. LEXIS 154762).

  • September 11, 2018

    Borrower Lacks Standing To Assert UCL, Other Claims, Federal Judge Holds

    SACRAMENTO, Calif. — After finding that a borrower failed to allege that a foreclosure proceeding had been commenced or that she had suffered an actual harm, a California federal judge on Sept. 7 dismissed her claim for violation of California’s unfair competition law (UCL) and other claims against lenders and a trustee with leave to amend (Debra Lynn Medford v. U.S. Bank National Association, et al., No. 2:17-cv-01783, E.D. Calif., 2018 U.S. Dist. LEXIS 153183).

  • September 10, 2018

    5th Circuit Holds Res Judicata Bars Borrower’s 2nd Lawsuit

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 6 affirmed dismissal of a borrower’s second lawsuit filed to prevent the foreclosure of his property, holding that the case was barred by the dismissal of the first proceeding (Alessandro F. Cervantes v. Ocwen Loan Servicing, L.L.C., et al., No. 16-41569, 5th Cir., 2018 U.S. App. LEXIS 25350).