Mealey's Mortgage Lending

  • December 04, 2019

    Judge Remands Foreclosure Action, Refuses To Exercise Supplemental Jurisdiction

    DENVER — A federal judge in Colorado on Dec. 2 remanded a consolidated lawsuit challenging U.S. Bank N.A.’s foreclosure of a couple’s home after declining to exercise supplemental jurisdiction over the plaintiffs’ claims (Farlan A. Robertson, et al. v. U.S. Bank N.A., et al., No. 19cv2909, D. Colo., U.S. Dist. LEXIS 207121).

  • December 03, 2019

    9th Circuit Upholds Dismissal Of Man’s TILA, Unfair Competition Claims

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Dec. 2 upheld the dismissal of a man’s lawsuit accusing Wells Fargo Bank N.A. and U.S. Bank N.A. of violating the Truth in Lending Act (TILA) and California’s unfair competition law (UCL), finding that the causes of action were barred by claim preclusion because they could have been raised in an earlier lawsuit (Vahe Aftandilian v. Wells Fargo Bank N.A., et al., No. 18-56666, 9th Cir., 2019 U.S. App. LEXIS 35768).

  • December 02, 2019

    Loan Servicer’s Conduct, Communications Did Not Violate FDCPA, Judge Rules

    MINNEAPOLIS — A federal judge in Minnesota on Nov. 19 awarded summary judgment to a loan servicer, holding that communications and conduct it engaged in with a man before and after a foreclosure sale was held on his home did not violate the Fair Debt Collection Practices Act (FDCPA) because the actions were not made in connection with the collection of a debt (David Heinz v. Carrington Mortgage Services LLC, No. 18-cv-1919, D. Minn., 2019 U.S. Dist. LEXIS 200500).

  • December 02, 2019

    7th Circuit Finds $3M Punitive Damages Against Loan Servicer Excessive

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on Nov. 27 reduced a $3 million punitive damages award entered by a federal jury in Illinois against a loan servicer to $582,000, finding that while punitive damages are allowed by Illinois law for the loan servicer’s violations of the Illinois Consumer Fraud Act (ICFA), the amount of damages was excessive because it was not proportional to the amount of other damages awarded by the jury under the act (Monette Saccameno v. U.S. Bank N.A., et al., No. 19-1569, 7th Cir., 2019 U.S. App. LEXIS 35550).

  • December 02, 2019

    6th Circuit Reinstates Couple’s RESPA Claim, Upholds Dismissal Of FDCPA Claim

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on Nov. 26 reversed a federal judge in Ohio’s ruling awarding summary judgment to a loan servicer accused of violating the Real Estate Settlement Procedures Act (RESPA), finding that the judge erred when finding that a portion of a woman’s deposition testimony was sufficient to show that the only actual damages she and her husband are seeking as a result of the alleged violations of the statute are the denial of loans for her small business (Ronald Lanton, et al. v. Ocwen Loan Servicing LLC, et al., No. 18-3709, 6th Cir., 2019 U.S. App. LEXIS 35362).

  • November 27, 2019

    Disputes Exist On Whether Servicer Adequately Responded To Notice Of Error

    COLUMBUS, Ohio — A federal judge in Ohio on Nov. 14 denied in part a motion for summary judgment filed by a loan servicer, holding that genuine issues exist as to whether the servicer satisfied its requirements under the Real Estate Settlement Procedures Act (RESPA) when responding to a woman’s notice of error about a loan modification she entered into in December 2010 (Elizabeth Cameron v. Ocwen Loan Servicing LLC, et al., No. 18-cv-428, S.D. Ohio, 2019 U.S. Dist. LEXIS 197689).

  • November 27, 2019

    Judge: Requests Sent After Foreclosure Sale Cannot Support RESPA Claim

    ANNISTON, Ala. — A federal judge in Alabama on Nov. 25 granted a loan servicer’s motion for partial dismissal of a man’s lawsuit, finding that the defendant’s alleged failure to timely respond to his qualified written requests (QWRs) that were sent after a foreclosure sale cannot support a claim under the Real Estate Settlement Procedures Act (RESPA) (Vann Caldwell v. Nationstar Mortgage LLC, No. 19-CV-01182-KOB, N.D. Ala., 2019 U.S. Dist. LEXIS 203805).

  • November 26, 2019

    Judge Allows Only Woman’s Fair Credit Reporting Act Claim To Survive Dismissal

    TAMPA, Fla. — A federal judge in Florida on Nov. 12 dismissed a majority of a woman’s lawsuit accusing Wells Fargo Bank N.A. of providing her with a mortgage loan through the use of fraud and robo-signed documents, ruling that she could pursue a claim only under the Fair Credit Reporting Act (FCRA) because all of her other claims were barred by the state’s compulsory counterclaim rule (Neelam Uppal v. Wells Fargo Bank N.A., et al., No. 19-cv-1334-T-02JSS, M.D. Fla. 2019 U.S. Dist. LEXIS 195765).

  • November 26, 2019

    Couple’s Alleged Failure To Know Of Junior Mortgage Cannot Halt Foreclosure

    DALLAS — A federal judge in Texas on Nov. 12 awarded summary judgment to a mortgage lender after rejecting a couple’s argument that their failure to know about the existence of a junior mortgage that constituted 20 percent of the value of their home barred the lender from initiating foreclosure proceedings (Charles Constance, et al. v. Interstate Intrinsic Value Fund A LLC, No. 18-CV-3047-BK, N.D. Texas, 2019 U.S. Dist. LEXIS 195682).

  • November 25, 2019

    Class Certified In UCL Suit Claiming Bank Failed To Pay Interest On Escrow Accounts

    SAN FRANCISCO — A federal judge in California on Nov. 20 granted a plaintiff’s motion for class certification in a lawsuit brought under California’s unfair competition law (UCL) alleging that a bank failed to pay interest on escrow accounts on mortgage loans, noting that it “is hard to imagine a case more worthy of class treatment” (William Kivett v. Flagstar Bank, FSB, et al., No. 18-05131, N.D. Calif.. 2019 U.S. Dist. LEXIS 202448).

  • November 19, 2019

    9th Circuit Vacates Ruling Denying RESPA Plaintiffs’ Motion For Relief

    ANCHORAGE, Alaska — A Ninth Circuit U.S. Court of Appeals panel on Nov. 15 overturned a federal judge in California’s ruling denying motions for relief from judgment under Federal Rule of Civil Procedure 60(b) filed by leaders of a proposed class claiming that a lender violated the Real Estate Settlement Procedures Act (RESPA), holding that the judge did not properly interpret the U.S. Supreme Court’s ruling in Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017), when denying the motion (Melissa Henson, et al. v. Fidelity National Financial Inc., No. 18-56071, 9th Cir., 2019 U.S. App. LEXIS 34093).

  • November 18, 2019

    U.S. Supreme Court Refuses To Rehear Woman’s Arguments To Review TILA Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 18 denied a woman’s request to rehear arguments on her request for review of a Ninth Circuit U.S. Court of Appeals’ ruling that affirmed dismissal of her Truth in Lending Act (TILA) lawsuit (Kimberly Cox v. Old Republic National Title Insurance Co., et al., No. 18-1536, U.S. Sup.).

  • November 18, 2019

    Federal Judge Refuses To Dismiss UCL Claim In Class Action Against Loan Servicer

    RIVERSIDE, Calif. — A federal judge in California on Nov. 12 denied a loan servicer’s motion to dismiss California unfair competition law (UCL) and other claims in a class action alleging that it conducted “fraudulent assessment and collection of unperformed, unfair, or unlawfully marked-up property valuation and inspection fees” (Mary A. Rhodeman, et al. v. Ocwen Loan Servicing, LLC, et al., No. 18-2363, C.D. Calif., 2019 U.S. Dist. LEXIS 197944).

  • November 14, 2019

    Judge Adopts Recommendation To Partially Dismiss Class Action Over Lender’s Letter

    MINNEAPOLIS — A federal judge in Minnesota on Nov. 7 adopted a magistrate judge’s Oct. 21 recommendation to partially dismiss a lawsuit brought by a proposed class of Minnesota borrowers who claim that a loan servicer violated the Fair Debt Collection Practices Act (FDCPA) when sending a letter informing them that their mortgage loans were in default, finding that the loan servicer did not say in the letter that it would immediately foreclose on the loan if a payment was not received by the expiration date (Anita Fisher v. Nationstar Mortgage LLC, et al., No. 19-cv-01382, D. Minn., 2019 U.S. Dist. LEXIS 194423).

  • November 13, 2019

    9th Circuit Agrees Res Judicata Bars Man’s Suit Over Assignment Of Loan

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Nov. 8 affirmed a federal judge in California’s ruling that a man’s second lawsuit accusing his loan servicer of illegally assigning his mortgage loan to a trust was barred by the doctrine of res judicata because the allegations stemmed from the same transaction or occurrence (Stephen Yagman v. Nationstar Mortgage LLC, No. 18-55693, 9th Cir., 2019 U.S. App. LEXIS 33495).

  • November 11, 2019

    Judge Dismisses Man’s RESPA Suit After Failure To Make Trial Payments

    MIAMI — A federal judge in Florida on Oct. 19 awarded summary judgment to a loan servicer, holding that it did not violate the Real Estate Settlement Procedures Act (RESPA) when denying a man’s loan modification because he did not make full payments under the trial payment plan (Robert A. Feinschreiber v. Ocwen Loan Servicing LLC, NO. 18-cv-22381-JLK, S.D. Fla., 2019 U.S. Dist. LEXIS 179245).

  • November 11, 2019

    Judge Says Bank’s 2013 Communications Did Not Violate Equal Credit Act

    LOS ANGELES — A federal judge in California on Nov. 4 granted in part Wells Fargo Bank N.A.’s motion for summary judgment in a couple’s lawsuit accusing it of violating the Equal Credit Opportunity Act (ECOA), finding that communications the lender had with the plaintiffs in 2013 about a loan modification application did not violate the statute because the borrowers were still in default on their mortgage loan (Walter H. Hackett III, et al. v. Wells Fargo Bank N.A., No. 17-CV-07354, C.D. Calif., 2019 U.S. Dist. LEXIS 193296).

  • November 11, 2019

    High Court Denies Petition Over ‘Patently Frivolous’ TILA Rescission Notice

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 4 refused to take up a couple’s request to review a ruling that awarded summary judgment to their mortgage lender and loan servicer on the ground that their request for rescission was “patently frivolous” (Andrez Madura, et al. v. Bank of America N.A., et al., No. 19-346, U.S. Sup.).

  • November 08, 2019

    Removal Of Man’s Suit Challenging Foreclosure Was Untimely; Judge Remands Action

    RENO, Nev. — A federal judge in Nevada on Nov. 5 remanded a man’s lawsuit against his mortgage loan servicer and others after finding that the defendants’ removal of the suit was untimely because the initial complaint established that the value of his home, which exceeds $75,000, is the amount in controversy (Joel Beck v. Nationstar Mortgage LLC, et al., No. 19-cv-00545-MMD-WGC, D. Nev., 2019 U.S. Dist. LEXIS 193561).

  • November 07, 2019

    9th Circuit Upholds Dismissal Of Man’s TILA Suit As Untimely

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Oct. 24 affirmed a ruling dismissing a man’s lawsuit accusing his lender of violating the Truth in Lending Act (TILA), agreeing with a federal judge in California that the plaintiff’s request for rescission under the act was untimely and that any amendment to the complaint to contend that equitable tolling was applicable would be futile (Peter Zeppeiro v. Ditech Financial LLC, et al., No. 18-56241, 9th Cir., 2019 U.S. App. LEXIS 31851).

Can't find the article you're looking for? Click here to search the Mealey's Mortgage Lending archive.