Mealey's Mortgage Lending

  • February 14, 2018

    Judge Partially Grants Dismissal For Nationstar, Rejects UCL, HBOR claims

    SAN FRANCISCO — A California federal judge on Feb. 9 refused to dismiss a borrower’s claims for breach of contract and negligence asserted by a borrower against a bank but found that the bank did not commit unlawful acts in violation California’s unfair competition law (UCL) and that part of his claim for violation of the California Homeowners Bill of Rights (HBOR) also failed (Steve Johnson v. Nationstar Mortgage LLC, No. 3:17-cv-03676, N.D. Calif., 2018 U.S. Dist. LEXIS 22829).

  • February 13, 2018

    Borrower Failed To Timely File Administrative Claim With FDIC, Judge Finds

    WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 12 dismissed declaratory relief and other claims asserted by a borrower against the Federal Deposit Insurance Corp. (FDIC), finding that the court lacked jurisdiction because the borrower did not file an administrative claim with the FDIC within a 90-day deadline (Richard Caires v. Federal Deposit Insurance Corp., No. 17-957, D. D.C., 2018 U.S. Dist. LEXIS 21426).

  • February 9, 2018

    Judge Dismisses Majority Of Claims In Kickback Scheme Over Lender-Placed Insurance

    CHICAGO — In a lawsuit alleging a kickback scheme in lender-placed insurance, an Illinois federal judge on Feb. 8 dismissed most of the claims except for breach of contract and bad faith claims pertaining to alleged overcharging of nonexistent inspections (Mariusz Dolegiewicz v. U.S. Bank Trust, N.A., et al., No. 17-4737, N.D. Ill., 2018 U.S. Dist. LEXIS 21089).

  • February 9, 2018

    11th Circuit Finds Borrower Had No Claim For TILA Rescission

    ATLANTA — After finding that a borrower was prohibited from asserting a claim for rescission under the Truth in Lending Act (TILA) because he obtained a residential mortgage, the 11th Circuit U.S. Court of Appeals on Feb. 6 affirmed dismissal of a complaint against lenders for failure to state a claim (Garth Cooper v. Countrywide Home Loans, et al., No. 16-16173, 11th Cir., 2018 U.S. App. LEXIS 3031).

  • February 8, 2018

    Judge Finds Property Foreclosure Was Not Barred By Limitations Period

    DALLAS — A Texas federal judge on Feb. 6 granted summary judgment for a loan servicer and lender on a borrower’s claims for violation of Texas law, finding that a foreclosure was not barred by a four-year statute of limitations (Steven Crear Sr. v. Select Portfolio Servicing Inc., et al., No. 3:17-CV-0159, N.D. Texas, 2018 U.S. Dist. LEXIS 19108).

  • February 7, 2018

    Judge Dismisses Lawyer, Lender From Defects Suit, Orders Arbitration

    GREENBELT, Md. — A federal judge in Maryland on Feb. 2 dismissed with prejudice a man’s construction defects lawsuit accusing a lawyer and lender of violating the Truth in Lending Act (TILA) and ordered the plaintiff to arbitrate his claims against the home builder (Maurice Washington v. Lennar Corp., et al., No. 17-0079, D. Md., 2018 U.S. Dist. LEXIS 18943).

  • February 7, 2018

    11th Circuit Affirms Dismissal Of TILA Claims, Finds No Right To Rescission

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Feb. 2 found that a borrower failed to state a claim against lenders and a loan servicer for violation of the Truth in Lending Act (TILA), affirming a district court’s dismissal of her complaint related to a property foreclosure (Colette Marquis v. Deutsche Bank National Trust Co., et al., No. 16-15265, 11th Cir., 2018 U.S. App. LEXIS 2759).

  • February 5, 2018

    9th Circuit Reverses Dismissal Of CCRA Claims Against Bank Of America

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 1 affirmed a district court’s decision in favor of a bank on a borrower’s claims for violation of California’s unfair competition law (UCL) and other claims, but reversed the ruling on her claim for violation of the Consumer Credit Reporting Act (CCRA), finding that a triable issue of fact exists as to whether the bank’s alleged misreporting of her credit information caused her to suffer damages and whether the bank had reasonable measures in place to ensure that incorrect information was not transmitted (Nahid Noori v. Bank of America N.A., No. 16-56082, 9th Cir., 2018 U.S. App. LEXIS 2575).

  • February 2, 2018

    Judge Dismisses UCL Claim, Finds Lender Did Not Interfere With Sale

    SAN FRANCISCO — After finding that a former property owner’s claim that a lender interfered with his private sale of a property by recording a notice of trustee’s sale failed, a California federal judge on Jan. 30 dismissed his claim for violation of California’s unfair competition law (UCL) for failure to state a claim (Moshen Khaziri v. Caliber Home Loans Inc., No. 17-cv-01639, N.D. Calif., 2018 U.S. Dist. LEXIS 16308).

  • February 2, 2018

    Panel Denies Mortgage Lender, Captive Reinsurer’s Appeal On Federal Statute

    WASHINGTON, D.C. — On petition by a large mortgage lender and its captive reinsurer, a District of Columbia Circuit U.S. Court of Appeals majority on Jan. 31 upheld a federal statute’s provision preventing the U.S. president from firing an agency’s director without cause (PHH Corp., et al. v. Consumer Financial Protection Bureau, No. 15-1177, D.C. Cir., 2018 U.S. App. LEXIS 2336).

  • February 2, 2018

    Judge Says Borrowers Claims Can Be Resolved In State Foreclosure Case

    WASHINGTON, D.C. — A District of Columbia federal judge on Jan. 31 denied a bank’s motion to dismiss an action filed by borrowers in relation to a foreclosure, finding that a decision by borrowers to have their claims against the bank decided in an already pending foreclosure case was a valid reason for voluntary dismissal (Beverly Marcheau Mitchell, et al. v. U.S. Bank National Association, et al., No.  17-cv-2105, D. D.C., 2018 U.S. Dist. LEXIS 15435).

  • January 31, 2018

    Judge Stays Foreclosure- Related Case Pending Ruling In Related Action

    DETROIT — After finding that a state court action that involves the same parties and facts related to the same mortgage is a parallel proceeding, a Michigan federal judge on Jan. 29 stayed the case pending the outcome of the state litigation (Amy Dunn, et al. v. Daniel S. Gross & Associates PLC, No. 17-12851, E.D. Mich., 2018 U.S. Dist. LEXIS 13697).

  • January 30, 2018

    2nd Circuit Partially Reverses Sanctions Order, Affirms Ruling For Countrywide

    NEW YORK — The Second Circuit U.S. Court of Appeals on Jan. 29 affirmed an order of sanctions against a borrower and her attorney related to her request to file a fourth amended complaint against a lender, but found that part of the sanctions awarded against the attorney were not warranted (Hutter v. Countrywide Bank, N.A., No. 17-372, 2nd Cir., 2018 U.S. App. LEXIS 2080).

  • January 29, 2018

    11th Circuit Finds Statute Of Limitations Does Not Bar Foreclosure

    ATLANTA — After finding that no statute of limitations applied to a foreclosure action, the 11th Circuit U.S. Court of Appeals on Jan. 26 affirmed a district court’s ruling granting a bank’s motion to dismiss a borrower’s declaratory relief action (Jacklyn Manyoma v. Bank of New York, et al., No. 14-14621, 11th Cir., 2018 U.S. App. LEXIS 2035).

  • January 25, 2018

    11th Circuit Affirms Dismissal Of Claims Related To Loan Assignment

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Jan. 22 affirmed a district court’s ruling dismissing causes of action for violation of the Truth In Lending Act (TILA), the Real Estate Settlement and Procedures Act (RESPA) and other claims asserted by a borrower against a bank and loan servicer, finding that the claims were barred by collateral estoppel or were abandoned on appeal (Hussain Kareem v. Ocwen Services LLC, et al., No. 16-15589, 11th Cir., 2018 U.S. App. LEXIS 1761).

  • January 24, 2018

    10th Circuit Reverses Dismissal Of Borrower’s Claims Under Rooker-Feldman

    DENVER — The 10th Circuit U.S. Court of Appeals on Jan. 23 found that a borrower’s federal claims were not barred under the doctrine established in Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983), because she was not challenging a nonjudicial foreclosure ruling under Colorado law (Mary M. Mayotte v. U.S. Bank National Association, et al., No. 16-1252, 10th Cir., 2018 U.S. App. LEXIS 1550).

  • January 23, 2018

    Federal Judge Refuses To Exercise Jurisdiction Over UCL Contract Claims, Remands

    SACRAMENTO, Calif. — After finding that no federal claims remained against various lenders and property companies, a California federal judge on Jan. 22 remanded claims asserted by borrowers for breach of contract, fraud and violation of California’s unfair competition law (UCL) to a California state court (John Brooks, et al. v. FCI Lender Services Inc., No. 2:16-cv-02598, E.D. Calif., 2018 U.S. Dist. LEXIS 9974).

  • January 23, 2018

    6th Circuit Deems RESPA, Other Claims Abandoned On Appeal

    CINCINNATI — After finding that a borrower failed to raise any new arguments on appeal, the Sixth Circuit U.S. Court of Appeals on Jan. 18 affirmed a district court’s decision finding no evidence to support a claim for violation of the Real Estate Settlement Procedures Act (RESPA) and other causes of action asserted against a loan servicer (Tiffany Wiggins v. Ocwen Loan Servicing LLC, No. 17-1228, 6th Cir., 2018 U.S. App. LEXIS 1153).

  • January 22, 2018

    Judge Grants Judgment To Mortgagors, Reinsurer On RESPA, Unjust Enrichment Claims

    PITTSBURGH — In a mortgage insurance reinsurance scheme case, a Pennsylvania federal judge on Jan. 19 granted judgment on the pleadings to mortgagors and a reinsurer with regard to a Real Estate Settlement Procedures Act (RESPA) claim and an unjust enrichment claim (Linda Menichino, et al. v. Citibank, N.A., et al., No. 12-00058, W.D. Pa., 2018 U.S. Dist. LEXIS 8648).

  • January 22, 2018

    Judge Dismisses Florida Law, FDCPA Claims Related To Foreclosure

    ORLANDO, Fla. — A Florida federal judge on Jan. 18 granted a mortgage servicer and a law firm’s motion to dismiss claims for violation of federal and Florida law asserted against them by a borrower, finding that a statute of limitations did not apply to their attempt to collect a debt (Dudley Blake v. Select Portfolio Servicing Inc., et al., No. 6:17-cv-1523, M.D. Fla., 2018 U.S. Dist. LEXIS 7765).