Mealey's Mortgage Lending

  • January 04, 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 04, 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 03, 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 02, 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 02, 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).

  • December 21, 2018

    Judge Refuses To Stay Case Against Lender For Alleged Medical Issues

    KANSAS CITY, Mo. — After holding that a borrower failed to submit any medical records to support her claim that she suffers serious medical problems that warrant a stay of her lawsuit against a lender, a Missouri federal judge on Dec. 18 held that she has had ample time to respond to a motion for sanctions and refused to stay the case (Gwendolyn Gill Caranchini v. Nationstar Mortgage LLC, No. 4:17-CV-00775, W.D. Mo., 2018 U.S. Dist. LEXIS 212630).

  • December 18, 2018

    Federal Judge Holds Borrower Breached Loan Agreement, Enters Ruling For Bank

    SAN JUAN, Puerto Rico — A Puerto Rico federal judge on Dec. 14 granted summary judgment in favor of an asset company, holding that a borrower breached his loan agreement by failing to make monthly payments and to cure his default on the mortgage (Bautista Cayman Asset Company v. Jose Luis Martinez Gonzalez, No. 17-2337, D. Puerto Rico, 2018 U.S. Dist. LEXIS 211405).

  • December 18, 2018

    3rd Circuit Reverses Dismissal Of Contract Claim Against Wells Fargo

    PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on Dec. 13 held that a district court improperly relied on a permanent modification under the Home Affordable Modification Program (HAMP) when deciding to dismiss a breach of contract claim asserted by borrowers, reversing dismissal of the claim in favor of a bank (Stephen Bukowski, et al. v. Wells Fargo Bank, N.A., et al., No. 17-3253, 3rd Cir., 2018 U.S. App. LEXIS 35034).

  • December 12, 2018

    Borrower Failed To Show Judge Was Biased, 11th Circuit Holds

    ATLANTA — After holding that a borrower failed to show that a judge was biased in making an adverse ruling and that he failed to cure the deficiencies in his complaint, the 11th Circuit U.S. Court of Appeals on Dec. 10 affirmed a district court’s decision to grant a bank’s motion to dismiss the case (John M. Barone v. Wells Fargo Bank, N.A., a.k.a., et al., No. 18-11272, 11th Cir., 2018 U.S. App. LEXIS 34589).

  • December 10, 2018

    Judge Holds UCL Claims Against Chase Are Not Preempted By HOLA

    SAN FRANCISCO — A California federal judge on Dec. 7 refused to dismiss class action claims that a bank violated California’s unfair competition law (UCL) by failing to pay interest on their escrow accounts under the terms of their mortgage agreements, holding that the borrowers’ state law claims were not preempted by federal law (McShannock v. JP Morgan Chase Bank N.A., No. 18-01873, N.D. Calif., 2018 U.S. Dist. LEXIS 207262).

  • December 07, 2018

    9th Circuit Holds Court Misread Borrower’s Damages Claim, Reverses Dismissal

    SEATTLE — After finding that a district court erred in applying a one-year statute of limitations under the Truth in Lending Act (TILA) to a borrower’s damages claims under Washington law, the Ninth Circuit U.S. Court of Appeals on Dec. 6 reversed a decision dismissing his claims for violation of TILA as time-barred (Jerry Hoang, et al. v. Bank of America, N.A., et al., No. 17-35993, 9th Cir., 2018 U.S. App. LEXIS 34375).

  • December 07, 2018

    Borrower Asserts Lenders Violated UCL, TILA In California Superior Court

    SANTA ANA, Calif. — A borrower on Dec. 4 sued various mortgage entities in a California court, alleging that they violated California’s unfair competition law (UCL), the Truth in Lending Act (TILA) and other laws by failing to help him obtain a loan modification to prevent foreclosure (Carl Hardin v. Select Portfolio Servicing Inc., No. 2018-01035974, Calif. Super., Orange Co.).

  • December 06, 2018

    Panel Rejects Borrower’s Challenge To Jury Verdict For Loan Servicers

    SAN FRANCISCO — After holding that a district court properly excluded evidence that was not relevant to a lawsuit filed by a borrower in relation to an alleged wrongful foreclosure and that jury instructions were not confusing, the Ninth Circuit U.S. Court of Appeals on Dec. 5 affirmed a jury verdict and ruling for loan servicers (Tsvetan S. Torbov v. Cenlar FSB, et al., No. 18-15382, 9th Cir., 2018 U.S. App. LEXIS 34280).

  • December 05, 2018

    9th Circuit Affirms Dismissal Of TILA Claims As Time-Barred

    SAN FRANCISCO — After finding that claims for violation of the Truth in Lending Act (TILA) were barred by statutes of limitations and that borrowers failed to submit facts to show that lenders violated TILA, the Ninth Circuit U.S. Court of Appeals on Dec. 3 affirmed dismissal of the lawsuit (Adrienne J. Styles, et al. v. Deutsche Bank National Trust Company, et al., No. 18-15372, 9th Cir., 2018 U.S. App. LEXIS 33869).

  • December 05, 2018

    Borrower’s UCL, FDCPA Claims Not Supported By Facts, 9th Circuit Holds

    PASADENA, Calif. — A panel of the Ninth Circuit U.S. Court of Appeals on Dec. 3 affirmed dismissal of a foreclosure-related action filed by a borrower, holding that she failed to allege facts to support her claims for violations of the Fair Debt Collection Practices Act (FDCPA), California’s unfair competition law (UCL) and other causes of action (Alicia Johnson v. Ocwen Loan Servicing, LLC, et al., No. 18-55279, 9th Cir., 2018 U.S. App. LEXIS 33891).

  • December 03, 2018

    SFR Seeks High Court Review Of Interpretation Of HERA Foreclosure Bar

    WASHINGTON, D.C. — An investment pool on Nov. 21 filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of a Ninth Circuit U.S. Court of Appeals ruling in which the court held that the Housing and Economic Recovery Act of 2008 (HERA) prevents homeowner associations (HOAs) and others from foreclosing on a property that was purchased and securitized by Federal Home Loan Mortgage Corp. (Freddie Mac) or the Federal Housing Finance Agency (Fannie Mae) even where a foreclosing party’s lien was senior to the loan (SFR Investments Pool 1 LLC v. Federal Home Loan Mortgage Corporation, et al., No. No. 18-670, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 4322).

  • December 03, 2018

    Judge Holds HOLA Preempts Foreclosure-Related Claims Against Wells Fargo

    SACRAMENTO, Calif. — A California federal judge on Nov. 29 dismissed numerous claims asserted by borrowers against lenders in relation to a foreclosure of their property, holding that all of their claims were preempted by the Home Owners Loan Act (HOLA) (Josefino R. Galang, et al. v. Wells Fargo Bank, N.A., et al., No. 2:18-cv-01640, E.D. Calif., 2018 U.S. Dist. LEXIS 201768).

  • November 28, 2018

    Borrower Did Not Suffer Damages Caused By RESPA Violations, Judge Holds

    FORT WORTH, Texas — A Texas federal judge on Nov. 27 dismissed a borrower’s complaint against a lender, holding that she failed to plead that she suffered actual damages as a result of the bank’s alleged violations of the Real Estate Settlement and Procedures Act (RESPA) (Wynetta Williams v. Wells Fargo Bank, N.A., No. 4:18-cv-00564, N.D. Texas, 2018 U.S. Dist. LEXIS 199867).

  • November 28, 2018

    11th Circuit Affirms Dismissal Of Borrower’s FDCPA, Criminal Law Claims

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Nov. 27 dismissed a borrower’s appeal of a decision dismissing her complaint against a loan servicer and its CEO, holding that she abandoned any claim that the district court erred in dismissing her case (Norma E. Butler-Stern, et al. v. Jay Memmott, et al., No. 18-10632, 11th Cir., 2018 U.S. App. LEXIS 33253).

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