We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Mealey's Mortgage Lending

  • November 9, 2018

    Law Firm Submits Arguments On FDCPA In U.S. Supreme Court

    WASHINGTON, D.C. — A law firm on Nov. 7 asked the U.S. Supreme Court to affirm an appeals court’s decision that the Fair Debt Collection Practices Act (FDCPA) does not apply to nonjudicial foreclosure proceedings, arguing that the FDCPA relates to practices that demand debt and is not related to foreclosure activities (Dennis Obduskey v. McCarthy & Holthus LLP, No. 17-1307, U.S. Sup.).

  • November 8, 2018

    7th Circuit Affirms Ruling For Wells Fargo On RESPA, Wisconsin Law Claims

    CHICAGO — After finding that borrowers failed to show that they suffered any actual harm in violation of the Real Estate Settlement and Procedures Act (RESPA) and that a claim for violation of Wisconsin law was precluded by a foreclosure ruling, a panel of the Seventh Circuit U.S. Court of Appeals on Nov. 7 affirmed a summary judgment decision in favor of a bank (Terrence Moore, et al., v. Wells Fargo Bank, N.A., No. 18-1564, 7th Cir., 2018 U.S. App. LEXIS 31534).

  • November 7, 2018

    Borrower Failed To Show UCL Violations, Wrongful Foreclosure, Judge Rules

    LOS ANGELES — A California federal judge on Nov. 5 dismissed a borrower’s claims for violation of California’s unfair competition law (UCL), fraud, wrongful foreclosure and other claims related to a property foreclosure, holding that her allegations were conclusory (Shirley Brown v. Bank of America, N.A., et al., No. 18-3418, C.D. Calif., 2018 U.S. Dist. LEXIS 189232).

  • November 6, 2018

    Judge Finds Borrowers’ Lawsuit Barred By State Foreclosure Case

    BOSTON — After holding that a state court foreclosure case involved the same parties and claims as a second lawsuit, a Massachusetts federal judge on Nov. 2 abstained from exercising jurisdiction under the prior-pending-action and Colorado River abstention doctrines (David C. Bradeen, et al. v. The Bank of New York Mellon Trust Company, et al., No. 18-cv-11753, D. Mass., 2018 U.S. Dist. LEXIS 188586).

  • November 5, 2018

    Judge Lets Lender Intervene In USDA Discovery Matter, Deems Documents Privileged

    TUCSON, Ariz. — An Arizona federal judge on Oct. 29 granted a bank’s motion to intervene in a discovery dispute related to a purportedly defaulted U.S. Department of Agriculture (USDA) guaranteed loan for the purpose of protecting documents it claimed were privileged, with the judge also agreeing about the documents’ privileged status (Sun Sky Hospitality LLC v.  U.S. Department of Agriculture, No. 4:18-cv-00094, D. Ariz., 2018 U.S. Dist. LEXIS 184742).

  • November 5, 2018

    Borrowers Allege Loan Servicers, Others Breached UCL In California Court

    SACRAMENTO, Calif. — A borrower on Oct. 31 sued a loan servicer and others in a California court, asserting claims for breach of contract, violation of California’s unfair competition law (UCL) and other claims, asserting that they improperly handled her loan modification (Eusebia Santiago v. Cooper, et al., No. 2018-00243508, Calif. Super., Sacramento Co.).

  • November 2, 2018

    Borrowers Failed To Show Wells Fargo Violated HBOR, Judge Holds

    SACRAMENTO, Calif. — After finding that borrowers failed to show that a bank violated California’s Homeowners Bill of Rights (HBOR), a California federal judge on Oct. 31 dismissed the claims and causes of action for declaratory relief and violation of California’s unfair competition law (UCL), as predicated on the HBOR cause of action (Bruno J. Bicocca v. Wells Fargo Bank, N.A., No. 2:17-cv-01158, E.D. Calif., 2018 U.S. Dist. LEXIS 186722).

  • November 2, 2018

    Judge Finds No Facts To Support FDCPA, UCL Claims Related To Foreclosure

    SAN JOSE, Calif. — After finding that no genuine issues of material fact existed as to the status of a borrower’s loan, a California federal judge on Oct. 30 granted summary judgment on claims for violation of the Fair Debt Collection Practices Act (FDCPA), California’s unfair competition law (UCL) and other claims against a loan servicer and lender in relation to a property foreclosure (Rani Yadav-Ranjan v. Rushmore Loan Management Services, LLC, No. 17-cv-03939, N.D. Calif., 2018 U.S. Dist. LEXIS 186744).

  • October 31, 2018

    Federal Judge Refuses To Strike Relators’ Claims Against JPMorgan Chase

    SHERMAN, Texas — A Texas federal judge on Oct. 30 denied a bank’s request to strike allegations against it asserted by a group of relators, holding that the bank failed to show that its alleged conduct before a $25 billion settlement reached with the U.S. government and others did not relate to current allegations for violations of Home Affordable Modification Program (HAMP) guidelines (Michael J. Fisher, et al. v. JPMorgan Chase Bank, N.A., No. 4:16-CV-00395, E.D. Texas, 2018 U.S. Dist. LEXIS 185384).

  • October 30, 2018

    5th Circuit Affirms Dismissal Of FDCPA, TILA Claims, Warns Of Sanctions

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeal on Oct. 25 affirmed a district court’s dismissal of a borrower’s claims for violation of the Truth in Lending Act (TILA) and the Fair Debt Collection Practices Act (FDCPA) against lenders for failure to state a claim, warning that it would issue sanctions against him if he files any future frivolous claims (Jerry Mason v. Ocwen Loan Servicing LLC, et al., No. 17-10941, 5th Cir., 2018 U.S. App. LEXIS 30140).

  • October 29, 2018

    9th Circuit Affirms Dismissal Of Claims Against Lenders For Lack Of Standing

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court’s dismissal of claims for violation of the Real Estate Settlement Procedures Act (RESPA), California’s unfair competition law (UCL) and other claims, holding that borrowers failed to show that lenders engaged in business acts that were unlawful, unfair or fraudulent or that they submitted evidence to show that the lenders did not sufficiently respond to their qualified written requests (Jim Ross Meskimen, et al. v. The Bank of New York Mellon, et al., No. 18-55394, 9th Cir., 2018 U.S. App. LEXIS 30320).

  • October 26, 2018

    Judge Holds Owner Violated Order Appointing Receiver By Filing State Court Case

    DETROIT — A Michigan federal judge on Oct. 25 granted a holding company’s emergency motion for retention of a court-appointed receiver, holding that an entity that purchased a property at foreclosure had no authority to file a state court lawsuit in an attempt to extinguish the holding company’s redemption interest in the property (The Sawyers and Lerner Building LLC v. Auto Club Lampost LLC, et al., No. 2:16-cv-11003, E.D. Mich., 2018 U.S. Dist. LEXIS 183051).

  • October 25, 2018

    Judge Dismisses Lawsuit Against Bank As Barred By Foreclosure Case

    CHICAGO — An Illinois federal judge on Oct. 23 granted a bank’s motion to dismiss a complaint filed by a borrower, holding that claims for breach of contract and other causes of action were barred by a foreclosure judgment (Navin Desai v. Hanmi Bank, No. 18-3621, N.D. Ill., 2018 U.S. Dist. LEXIS 181467).

  • October 23, 2018

    Lender To Pay $13.2M To Resolve Violations Of FHA Insurance Requirements

    WASHINGTON, D.C. — The U.S. Department of Justice (DOJ) on Oct. 19 said that a mortgage company has agreed to pay $13.2 million to settle claims that it violated the False Claims Act, 31 U.S.C. § 3729, by falsely stating that it complied with Federal Housing Administration (FHA) insurance requirements. 

  • October 22, 2018

    Borrower Sues Servicer In California Court, Asserts UCL, HBOR Claims

    SANTA ANA, Calif. — A borrower on Oct. 4 sued a loan servicer in a California court, asserting that it violated the California Homeowners Bill of Rights Act (HBOR) and unfair competition law (UCL) when it initiated the foreclosure process while his loan modification application was under review (Dennis Gonzales v. Select Portfolio Servicing Inc., No. 2018-01022512, Calif. Super., Orange Co.).

  • October 22, 2018

    Fraud Claim Against Bank Was Barred By Foreclosure, Federal Judge Holds

    TAMPA, Fla. — After finding that a fraud claim asserted by borrowers was an attempt to challenge a foreclosure judgment, a Florida federal judge on Oct. 17 affirmed a decision that their claims against a bank were barred by a previous foreclosure (Abelardo Alonso, et al. v. Bank of America, N.A., No. 8:17-cv-2547, M.D. Fla., 2018 U.S. Dist. LEXIS 178123).

  • 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).

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