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Mealey's Mortgage Lending

  • January 30, 2019

    Panel Affirms Dismissal Of UCL, HBOR Claims Against Banks, Purchaser

    LOS ANGELES — A California appeals panel on Jan. 29 affirmed a lower court’s decisions in favor of the purchaser of a property at a trustee’s sale and banks, holding that a borrower failed to submit the required allegations of tender in support of his claim for violation of the California Homeowners Bill of Rights (HBOR) and his cause of action for violation of California’s unfair competition law (UCL) failed as derivative to that claim (Jorge Rojas v. Bank of America, N.A., et al., No. E068405, Calif. App., 4th Dist., Div. 2, 2019 Cal. App. Unpub. LEXIS 680).

  • January 29, 2019

    FDCPA Does Not Apply To Servicer, Lender, 2nd Circuit Holds

    NEW YORK — The Second Circuit U.S. Court of Appeals on Jan. 24 affirmed a district court’s dismissal of claims asserted by a borrower, holding that he failed to show that the Fair Debt Collection Practices Act (FDCPA) applied to the servicer of loan or a mortgage entity (Shahnewaz Qurashi v. Ocwen Loan Servicing, LLC, et al., No. 18-1045, 2nd Cir., 2019 U.S. App. LEXIS 2283).

  • January 25, 2019

    Federal Judge Refuses To Strike Loan Documents, Converts Motion To Dismiss

    NEW ORLEANS — After converting a loan servicer’s motion to dismiss to a summary judgment motion, a Louisiana federal judge on Jan. 24 ordered the parties to submit additional evidence relevant to a summary judgment motion and denied the borrowers’ motion to strike various documents because the attachments are relevant to the case (John Baxa, et al. v. Seterus, Inc., No. 17-5434, E.D. La., 2019 U.S. Dist. LEXIS 11230).

  • January 24, 2019

    Judge Holds Borrowers Cannot Assert Wrongful Foreclosure Under Oregon Law

    PORTLAND, Ore. — After holding that borrowers failed to properly serve a lender and loan servicer and that wrongful foreclosure is not recognized as a tort under Oregon law, an Oregon federal judge on Jan. 22 granted motions to dismiss the case (Elena Pidasheff, et al. v. Quality Loan Service Corporation Washington, et al., No. 3:18-cv-1986, D. Ore., 2019 U.S. Dist. LEXIS 9996).

  • January 17, 2019

    5th Circuit Affirms Ruling, Holds No Loan Modification Contract Existed

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 14 affirmed a summary judgment ruling for lenders and a loan servicer, holding that no valid contract for a loan modification existed with borrowers and that a bank did not commit common-law fraud (Harold W. Criswell, et al. v. Deutsche Bank National Trust Co., et al., No. 18-40428, 5th Cir., 2019 U.S. App. LEXIS 1221).

  • January 16, 2019

    Borrower Files Class Action Over Alleged Prepaid Taxes On Reverse Mortgage

    CENTRAL ISLIP, N.Y. — A borrower of a reverse mortgage on Dec. 21 filed a proposed class action in a New York federal court against lenders and a loan servicer, asserting claims for breach of contract, violation of New York law and other claims in relation to their alleged improper prepayment of taxes on reverse mortgages (Margaret Shakespeare v. Live Well Financial, Inc., et al., No. 2:18cv7299, E.D. N.Y.).

  • January 16, 2019

    Judge Rules CitiMortgage, Fannie Mae Have No Competing Interest In Loan

    FRESNO, Calif. — A California federal judge on Jan. 11 granted a motion filed by lenders to dismiss a lawsuit filed by borrowers in relation to nonjudicial foreclosure of their property, holding that their claims were conclusory (Glenn W. Bever, et al. v. CitiMortgage, Inc., et al., No. 1:18-cv-1561, E.D. Calif.).

  • January 15, 2019

    Purchaser Asserts UCL, Other Claims Against Beneficiary, Title Company

    FRESNO, Calif. — The purchaser of a property at a trustee’s sale on Jan. 10 sued a title company and beneficiary of the deed in a California state court asserting claims for negligence, violation of the unfair competition law (UCL) and other causes of action, alleging that they knew or should have known that the property was subject to a bankruptcy automatic stay (Gary Toor vs. Ajit Gill, No. 19CECG00132, Calif. Super., Fresno Co.).

  • January 14, 2019

    Panel Affirms Dismissal Of Housing Claims Against United States For Lack Of Jurisdiction

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 11 affirmed a court’s dismissal of a borrower’s constitutional claims against the United States in relation to the foreclosure of her property, holding that the court lacked jurisdiction to hear the case (Flordeliza A. Hawkins v. United States, No. 2018-2210, Fed. Cir., 2019 U.S. App. LEXIS 996).

  • January 11, 2019

    9th Circuit Holds Fannie Mae Is Not Subject To FCRA, Reverses Decision

    SAN FRANCISCO — A divided panel of the Ninth Circuit U.S. Court of Appeals on Jan. 9 held that the Federal National Mortgage Association (Fannie Mae) is not a consumer reporting agency that is subject to the Fair Credit Reporting Act (FCRA), reversing a ruling for borrowers who alleged that Fannie Mae violated the FCRA by falsely communicated with lenders about their mortgages through its Desktop Underwriter (DU) platform (Richard Zabriskie, et al. v. Federal National Mortgage Association, No. 17-15807, 9th Cir., 2019 U.S. App. LEXIS 642).

  • January 10, 2019

    Federal Judge Grants Judgment For Lender On Texas Law Claims

    FORT WORTH, Texas — After finding that a borrower failed to state a plausible claim for violations of Texas law and breach of contract, a Texas federal judge on Jan. 8 granted a lender’s motion to dismiss the complaint for failure to state a claim (Deborah Prather v. CitiMortgage Inc., No. 4:18-CV-668, N.D. Texas, 2019 U.S. Dist. LEXIS 3121).

  • January 9, 2019

    Florida High Court Vacates Ruling, Holds Borrower Was Entitled To Fees

    TALLAHASSEE, Fla. — The Supreme Court of Florida on Jan. 4 quashed an appeals court’s ruling that Florida law precluded an award of fees for a borrower, holding that a reverse mortgage agreement existed between the parties, even if the bank failed to show that it was the successor in interest of the disputed loan (Marie Ann Glass v. Nationstar Mortgage, LLC, et al., No. SC17-1387, Fla. Sup., 2019 Fla. LEXIS 30).

  • January 7, 2019

    Borrower, Law Firm Debate Scope Of FDCPA In High Court Oral Arguments

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 heard oral arguments submitted by a borrower and a law firm in which the parties disputed whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, applies to nonjudicial foreclosure actions (Dennis Obduskey v. McCarthy & Holthus LLP, No. 17-1307, U.S. Sup.).

  • January 7, 2019

    Foreclosure Ruling For Loan Servicer Premature, 5th Circuit Holds

    NEW ORLEANS — After holding that it was premature for a district court to hold that a loan servicer was entitled to summary judgment on its counterclaim for foreclosure in a borrower’s lawsuit, the Fifth Circuit U.S. Court of Appeals on Jan. 4 vacated the decision on that claim and remanded the case for further proceedings (Michael Wease v. Ocwen Loan Servicing, L.L.C., No. 17-10574, 5th Cir., 2019 U.S. App. LEXIS 265).

  • January 4, 2019

    Federal Judge Grants Dismissal For Chase On Borrower’s UCL, HBOR Claims

    FRESNO, Calif. — A California federal judge on Jan. 2 held that a borrower failed to assert required elements to support his claim against a bank for violations of the California Homeowners Bill of Rights (HBOR) and, therefore, the HBOR cause of action and a claim for violation of California’s unfair competition law (UCL) must be dismissed with leave to amend (Samir Ibrahim Marcoss v. JPMorgan Chase Bank, N.A., No. 1:18-cv-00489, E.D. Calif., 2018 U.S. Dist. LEXIS 218025).

  • January 4, 2019

    Judge Finds Attorney Fails To Show California Bar, Others Violated UCL, RICO

    SANTA ANA, Calif. — After finding that an attorney failed to show that numerous defendants engaged in unlawful or fraudulent business acts or practices in relation to investigations seeking to disbar her or that she sufficiently alleged a violation of the Racketeer Influenced and Corrupt Organizations Act, a California federal judge on Jan. 2 dismissed her claims for violations of California’s unfair competition law (UCL), RICO and other causes of action against all remaining defendants in the case (Lenore Albert v. Anthony Troy Williams, et al., No. 18-00448, C.D. Calif., 2019 U.S. Dist. LEXIS 490).

  • January 3, 2019

    Borrower Files Class Action, Alleges Wrongful Foreclosure Violated Rights

    BOSTON — A borrower on Dec. 28 filed a class action lawsuit against various lenders in a Massachusetts federal court, asserting that they violated her due process rights by wrongfully foreclosing on her property (Kimberly Yargeau v. Federal Housing Finance Agency, et al., No. 1:18cv12652, D. Mass.).

  • January 2, 2019

    Judge Dismisses UCL, Foreclosure-Related Claims For Lack Of Jurisdiction

    SAN DIEGO — After a borrower voluntarily dismissed the only federal law claims asserted against a bank, a California federal judge on Dec. 27 refused to exercise jurisdiction over her remaining state law claims against other lenders, including causes of action for wrongful foreclosure and violation of California’s unfair competition law (UCL) (Kathy Westfall v. Mortgage Electronic Registration Systems, Inc., et al., No. 3:15-cv-01403, S.D. Calif., 2018 U.S. Dist. LEXIS 216867).

  • January 2, 2019

    Federal Judge Holds Borrower Did Not Show Causation On UCL Claim

    SAN FRANCISCO — A California federal judge on Dec. 28 dismissed claims asserted by a borrower for violations of California’s Homeowner’s Bill of Rights (HBOR), unfair competition law (UCL) and Rosenthal Fair Debt Collection Practices Act (RFDCPA) with partial leave to amend, holding that he failed to show causation as to the UCL claim and that he failed to plead sufficient facts to support his claims against lenders (John Batieste Greene, Jr. v. Wells Fargo Bank, N.A., et al., No. 18-cv-06689, N.D. Calif., 2018 U.S. Dist. LEXIS 217597).

  • December 31, 2018

    Borrowers Failed To Allege Facts To Support UCL, Other Claims, 9th Circuit Holds

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Dec. 21 affirmed a district court’s order dismissing claims for wrongful foreclosure, violation of California’s unfair competition law (UCL) and other causes of action against a bank, holding that they failed to state sufficient facts to state plausible claims for relief (Robert E. Hall, et al. v. Bank of New York Mellon, et al., No. 18-15801, 9th Cir., 2018 U.S. App. LEXIS 36176).

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