SAN FRANCISCO — After holding that a bank’s payment of homeowners association dues was sufficient under Nevada case law to show that it held the superior interest in a deed of trust, the Ninth Circuit U.S. Court of Appeals on April 3 reversed part of a court’s decision that granted summary judgment on the bank’s quiet title claim (Bank of America, N.A. v. Arlington West Twilight Homeowners Association, et al., No. 17-15796, 9th Cir., 2019 U.S. App. LEXIS 9666).
WASHINGTON, D.C. — A borrower on March 18 asked the U.S. Supreme Court to grant his request for rehearing of a case seeking review of a court’s dismissal of his claims for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) against a bank, asking the high court to consider recent material developments involving a computer glitch that allegedly resulted in foreclosures (John M. Barone v. Wells Fargo Bank, N.A., a.k.a., et al., No. 18-783, U.S. Sup.).
WASHINGTON, D.C. — Borrowers on March 15 filed a petition for rehearing with the U.S. Supreme Court, asking that the court reconsider its denial of their petition for a writ of certiorari, which sought review of a District of Columbia federal court’s decision that their lawsuit filed against a lender was barred by res judicata because it was directly related to an underlying foreclosure case (Lazina King, et al. v. Caliber Home Loans Inc., No. 18-686, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 1058).
SPOKANE, Wash. — A Washington appellate panel on April 2 upheld a trial court’s summary judgment ruling for a bank in a suit seeking to judicially foreclose its deed of trust on a delinquent mortgage but split as to reason to affirm (U.S. Bank National Association, et al. v. Angela Ukpoma, et al., No. 35791-1-III, Wash. App., Div. 3, 2019 Wash. App. LEXIS 798).
ST. PAUL, Minn. — A Minnesota appeals court on April 1 reversed a district court’s sua sponte dismissal of a borrower’s claims for violation of the Fair Debt Collection Practices Act (FDCPA), holding that the court was of competent jurisdiction to decide FDCPA claims and that the law provides that the borrower could choose her forum (Hannah Levine v. Bayview Loan Servicing LLC, No. A18-0789, Minn. App.).
SACRAMENTO, Calif. — In an opinion filed March 27, a California federal judge refused to dismiss a borrower’s claims for breach of contract, intentional and negligent infliction of emotional distress and slander of title, holding that she showed that a loan modification agreement existed between her and a bank and that the lender owed her a duty of care that it may have breached by refusing to accept her payments (Denise Wallace v. Nationstar Mortgage LLC, et al., No. 2:18-cv-02768, E.D. Calif., 2019 U.S. Dist. LEXIS 52182).
WASHINGTON, D.C. — The Federal National Mortgage Association (FHFA), the Federal Home Loan Mortgage Corp. (Freddie Mac) and the Federal Housing Finance Agency (Fannie Mae) on March 25 argued that the U.S. Supreme Court should deny a petition for review of a Ninth Circuit U.S. Court of Appeals ruling because the federal foreclosure bar under the Housing and Economic Recovery Act of 2008 (HERA) requires that homeowner associations (HOAs) and other lien holders first seek consent from the FHFA before foreclosing on property held by it (SFR Investments Pool 1 LLC v. Federal Home Loan Mortgage Corporation, et al., No. No. 18-670, U.S. Sup.).
WASHINGTON, D.C. — The U.S. Supreme Court on March 25 denied two petitions for writ of certiorari filed by a borrower and a law firm that sought review of whether the Fair Debt Collection Practices Act (FDCPA) applies to nonjudicial foreclosures (Maxwell & Morgan, P.C., et al. v. Martha A. McNair, No. 18-729, Rick Greer v. Green Tree Servicing LLC, et al., No. 17-1351, U.S. Sup.).
RENO, Nev. — A Nevada federal judge on March 19 granted summary judgment for lenders, holding that a homeowners association foreclosure sale did not extinguish the Federal National Mortgage Association’s (Fannie Mae) interest in a property (Bank of America, N.A., et al. v. Huffaker Hills Unit No. 2 Residence Association, et al., No. 3:15-cv-00502, D. Nev., 2019 U.S. Dist. LEXIS 46025).
WASHINGTON, D.C. — A business engaged in nonjudicial foreclosure proceedings is not a debt collector under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, the U.S. Supreme Court unanimously held on March 20 (Dennis Obduskey v. McCarthy & Holthus LLP, No. 17-1307, U.S. Sup.).
TAMPA, Fla. — After holding that a trial court erroneously granted borrowers summary judgment on their statute of limitations defense to a deficiency action brought against them by a debt collector, a Florida appeals court on March 15 reversed the ruling in their favor and remanded the case for further proceedings (Dyck-O’Neal, Inc. v. Teresa Norton, et al., No. 2D17-4968, Fla. App., 2019 Fla. App. LEXIS 3939).
SAN FRANCISCO — Borrowers on March 12 sued a lender and a trustee in a California court, asserting claims for breach of the covenant of good faith and fair dealing, negligent misrepresentation and violation of California’s unfair competition law (UCL) related to the alleged mishandling of the servicing of their home equity line of credit loan (HELOC) (Timothy S. Bostwick, et al. v. First Tennessee Bank, No. 574465, Calif. Super., San Francisco Co.).
ATLANTA — The 11th Circuit U.S. Court of Appeals on March 11 affirmed the dismissal of a borrower’s Fair Debt Collection Practices Act (FDCPA) claims against a loan servicer, holding that the servicer did not engage in unlawful debt collection because none of the requested amounts was barred under a five-year statute of limitations under Florida law (Paul A. Green v. Specialized Loan Servicing LLC, No. 17-15681, 11th Cir., 2019 U.S. App. LEXIS 7066).
CHICAGO — An Illinois federal judge on March 8 certified two classes of consumers who accuse Specialized Loan Servicing LLC (SLS) of violating the Fair Debt Collection Practices Act (FDCPA) by having its agents leave misleading door hangers at their homes (Thomas Quinn, et al. v. Specialized Loan Servicing, LLC, No. 16-2021, N.D. Ill., 2019 U.S. Dist. LEXIS 37975).
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on March 6 upheld the dismissal of a woman’s lawsuit accusing her mortgage lender of violating the Real Estate Settlement Procedures Act (RESPA) and Florida’s Deceptive and Unfair Trade Practices Act (UDTPA), holding that the RESPA claim was barred by the three-year statute of limitations and that Florida’s law does not apply to banks, credit unions and savings and loan associations that are regulated by federal agencies (Maria Del Pilar Nino v. Flagstar Bank FSB, No. 18-1503, 6th Cir., 2019 U.S. App. LEXIS 6697)
BIRMINGHAM, Ala. — After finding that borrowers breached the terms of their mortgage by failing to occupy a property within 60 days of executing their loan, an Alabama federal magistrate judge on March 1 held that a lender and its agents had the authority to enter the property and to secure it and granted summary judgment on claims for violations of the Fair Debt Collection Practices Act (FDCPA), negligence and other claims asserted against them (Mark Erdberg, et al. v. Five Brothers Mortgage Company Services and Securing, Inc., et al., No. 2:16-cv-01880, N.D. Ala., 2019 U.S. Dist. LEXIS 32870).
PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Feb. 26 affirmed a district court’s dismissal of borrowers’ claims for violation of the Racketeer Influenced and Corrupt Organizations Act, holding that they failed to show any injury in violation of RICO because monthly payments they made and sums paid to bring their loan current were consistent with the terms of their mortgage agreement (Chita Aliperio, et al. v. Bank of America, N.A., et al., No. 17-2393, 3rd Cir., 2019 U.S. App. LEXIS 5738).
SAN FRANCISCO — A California federal judge on Feb. 27 granted a lender’s motion to certify a question related to whether borrowers’ claims for violations of California law are preempted by the Home Owners Loan Act (HOLA) to the Ninth Circuit U.S. Court of Appeals, holding that the question presents a novel and undecided legal issue (McShannock v. JP Morgan Chase Bank N.A., No. 18-01873, N.D. Calif., 2018 U.S. Dist. LEXIS 207262).
LAKELAND, Fla. —A divided Florida appeals panel on rehearing on Feb. 27 reversed a foreclosure judgment and clarified the scope of remand in residential mortgage foreclosure appeals, holding that a court has the discretion to further adjudicate cases that warrant additional review but that the well-established law prohibiting multiple attempts at trial should serve as the default standard when determining the scope of remand, but opted to certify a question on the issue to the Florida Supreme Court (Marlyn Tracey v. Wells Fargo Bank, N.A., No. 2D16-5091, Fla. App., 2nd Dist., 2019 Fla. App. LEXIS 3018).
PASADENA, Calif. — A panel of the Ninth Circuit U.S. Court of Appeals on Feb. 25 partially reversed a summary judgment ruling for a bank on a borrower’s claim for breach of contract related to his application for a loan modification, holding that the bank failed to submit any evidence to show that the borrower’s application was not complete (Jeffrey A. Dickerson v. Wells Fargo Bank, N.A., et al., No. 18-15261, 9th Cir., 2019 U.S. App. LEXIS 5483).