Mealey's Mortgage Lending

  • November 22, 2017

    9th Circuit Affirms Dismissal Of TILA, FDCPA Claims Against CitiMortgage

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court’s decision granting summary judgment for a mortgage lender, finding that a claim for violation of the Truth in Lending Act (TILA) asserted by borrowers was time-barred and that the lender was not a debt collector within the meaning of the Fair Debt Collection Practices Act (FDCPA) (Bessie Lee-Freitas Pregana v. CitiMortgage Inc., et al., No. 15-15906, 9th Cir., 2017 U.S. App. LEXIS 23234).

  • November 21, 2017

    Judge Dismisses UCL, HBOR Foreclosure Claims For Failure To Oppose

    SAN DIEGO — After a borrower failed to respond to motions filed by lenders and loan servicers to dismiss claims related to an alleged wrongful foreclosure, a California federal judge on Nov. 20 dismissed his claims for violation of California’s unfair competition law, negligence and other claims (Mark Burchard v. Quality Loan Service Corporation, et al., No. 17cv1780, S.D. Calif., 2017 U.S. Dist. LEXIS 191737).

  • November 21, 2017

    Judge Finds Truth In Lending Act Section Applies To Untimely Claim For Relief

    SEATTLE — Although borrowers filed their notice of an intent to rescind their loan under the Truth in Lending Act (TILA) within the required three-year statute of limitations, a Washington federal judge on Nov. 16 found that their claims for declaratory and injunctive relief and damages were all time-barred (Jerry Hoang, et al. v. Bank of America, N.A., et al., No. 17-0874, W.D. Wash., 2017 U.S. Dist. LEXIS 190088, 2017 U.S. Dist. LEXIS 190088).

  • November 15, 2017

    Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

    LOS ANGELES — After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California’s unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy M. Horner v. The Bank of New York Mellon, et al., No. 17-1489, C.D. Calif., 2017 U.S. Dist. LEXIS 187362).

  • November 13, 2017

    Supreme Court Refuses To Consider Whether Rooker- Feldman Barred FDCPA Claim

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 13 refused to grant certiorari in a case in which borrowers sought review of an appeals court’s ruling to affirm the dismissal of their claim for violation of the Fair Debt Collection Practices Act (FDCPA) as barred by a foreclosure case in a state court (Kathleen J. Todd, et al. v. U.S. Bank, N.A., et al., No. 17-348, U.S. Sup.).

  • November 9, 2017

    Federal Judge Finds TILA Claims Against Wells Fargo Time-Barred

    HOUSTON — A Texas federal judge on Nov. 8 granted judgment on the pleadings in favor of a bank, finding that a borrower’s claim for violation of the Truth-In-Lending Act (TILA) were untimely (George Adams v. Wells Fargo Bank, N.A., No. 17-0265, S.D. Texas, 2017 U.S. Dist. LEXIS 184800).

  • November 8, 2017

    6th Circuit Finds Fannie Mae, Others Were Not Debt Collectors Under FDCPA

    CHICAGO — A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 6 found that a borrower failed to show that lenders lacked standing to foreclose or that they qualified as debt collectors under the Fair Debt Collection Practices Act (FDCPA), affirming the dismissal of his complaint for failure to state a claim (Steven Hawkins v. Everbank Mortgage, et al., No. 16-2677, 6th Cir., 2017 U.S. App. LEXIS 22252).

  • November 8, 2017

    Federal Judge Refuses To Grant Injunction Enjoining HSBC From Foreclosing

    BOSTON — A Massachusetts federal judge on Nov. 3 refused to grant a borrower’s request for an injunction enjoining a bank from foreclosing on his property pending his appeal of a ruling that dismissed his complaint, finding that it was unlikely that he would succeed on the merits (Harry M. Andrews v. HSBC Bank USA, N.A., No. 16-12621, D. Mass, 2017 U.S. Dist. LEXIS 182403).

  • November 6, 2017

    6th Circuit Affirms Dismissal Of Claims Related To Foreclosure Notice

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 1 affirmed a district court’s decision granting dismissal of foreclosure-related claims asserted by a borrower against a bank, finding that all of the claims were precluded by a final judgment issued in a previous related action (Robert Mayer v. Wells Fargo Bank, N.A., et al., No. 16-2217, 6th Cir., 2017 U.S. App. LEXIS 22058).

  • November 6, 2017

    Judge Finds TILA Claim Under UCL Is Not A Basis For Jurisdiction, Remands

    LOS ANGELES — Although part of a borrower’s claim for violation of California’s unfair competition law (UCL) asserted a violation of the Truth in Lending Act (TILA), a California federal judge on Nov. 1 found that removal by a group of mortgage-related entities was improper and remanded the case to state court (Nathan D. La Moure v. Harborview Mortgage Loan Trust, et al., No. 5:17-cv-01966, 2017 U.S. Dist. LEXIS 182064).

  • November 2, 2017

    Judge Finds No Facts To Support Wrongful Foreclosure Action Against Wells Fargo

    HOUSTON — A Texas federal judge on Nov. 1 granted a bank’s motion to dismiss a property owner’s claims for wrongful foreclosure, finding that no actual foreclosure of the property has occurred, rendering the claim insufficient (Parham Payrovi v. Wells Fargo Bank, N.A., No. 4:17-CV-02480, S.D. Texas, 2017 U.S. Dist. LEXIS 180943).

  • November 1, 2017

    Trust Argues High Court Should Refuse To Review Construction Of FDCPA

    WASHINGTON, D.C. — A trustee on Oct. 23 filed its response to a borrower’s petition for review by the U.S. Supreme Court of a decision that dismissed her claim for violation of the Fair Debt Collection Practices Act (FDCPA), arguing that the question of whether a trustee is a debt collector within the scope of the FDCPA is not a question of importance and that the petition should be denied (Vien-Phuong Thi Ho v. Recontrust Company, NA, et al., No. 17-278, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 2997).

  • November 1, 2017

    6th Circuit Vacates Ruling Dismissing FDCPA Claim Against Loan Servicer

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Oct. 27 vacated a decision that found that a loan servicer was not a debt collector under the Fair Debt Collection Practices Act (FDCPA) and dismissed a borrower’s claims against it, but affirmed dismissal of claims for fraud and violation of the FDCPA asserted against a bank (Darlene Garner v. Select Portfolio Servicing Inc., et al., No. 17-1303, 6th Cir., 2017 U.S. App. LEXIS 21546).

  • October 31, 2017

    California Court Vacates Dismissal Of Borrower’s UCL Claim, Remands Case

    SAN FRANCISCO — A California appeals court on Oct. 11 affirmed a trial court’s decision to grant demurrers filed by two lenders as to various claims asserted against them, including a cause of action for wrongful foreclosure, but reversed a decision as to a borrower’s claim for violation of California’s unfair competition law (UCL), finding sufficient allegations to support the claim (Gary Henriksen v. Nationstar Mortgage LLC, et al., No. A148298, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 6974).

  • October 31, 2017

    Federal Judge Remands UCL, Negligence Claims Against Lender To California Court

    SAN DIEGO — After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company’s alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey M. Ainley v. PHH Mortgage, No. 17-01476, C.D. Calif., 2017 U.S. Dist. LEXIS 178625).

  • October 30, 2017

    9th Circuit Finds No Support For RESPA, FDCPA Claims Against Wells Fargo

    SEATTLE — The Ninth Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court’s decision to dismiss claims for violation of the Fair Debt Collection Practices Act (FDCPA) and the Real Estate Settlement Procedures Act (RESPA) asserted against a bank, finding that a borrower failed to show that any issues of material dispute existed as to the owner of the mortgage note (Frederick T. Brewster v. Wachovia Mortgage, FSB, et al., No. 12-35490, 9th Cir., 2017 U.S. App. LEXIS 21287).

  • October 27, 2017

    Federal Judge Dismisses Complaint Against HSBC, Ocwen As Conclusory

    SAN JOSE, Calif. — A California federal judge on Oct. 25 dismissed numerous claims asserted against a lender, trustee and loan servicer, including causes of action for violation of California’s unfair competition law (UCL) and wrongful foreclosure, finding that the property was not foreclosed on and that the allegations were conclusory (Joseph Henard, et al. v. HSBC Bank USA, N.A., et al., No. 5:17-cv-01222, N.D. Calif., 2017 U.S. Dist. LEXIS 177167).

  • October 27, 2017

    7th Circuit Affirms Dismissal Of TILA Claim As Barred By Foreclosure

    CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals on Oct. 24 affirmed a decision to dismiss a borrower’s claim for violation of the Truth in Lending Act (TILA) against a lender and loan servicer, finding that the case was barred by final foreclosure judgment issued by a state court (Pamela J. Podemski v. U.S. Bank National Association, et al., No. 17-1927, 7th Cir., 2017 U.S. App. LEXIS 20929).

  • October 26, 2017

    Florida Federal Judge Finds Facts To Support RESPA, FDCPA Claims

    JACKSONVILLE, Fla.— After finding that a borrower sufficiently pleaded facts to support her causes of action for violation of the Real Estate Settlement and Procedures Act (RESPA) and other claims against a loan servicer in relation to her mortgage, a Florida federal judge on Oct. 24 refused to dismiss the borrower’s amended complaint (Mary R. Johnson v. Specialized Loan Servicing LLC, et al., No. 3:16-cv-178, M.D. Fla., 2017 U.S. Dist. LEXIS 176142).

  • October 18, 2017

    Mortgagors, Reinsurer Assert 3rd Circuit Law Entitles Them To Judgment On RESPA Claim

    PITTSBURGH — Mortgagors and a reinsurer in a mortgage insurance reinsurance scheme case tell a Pennsylvania federal court in an Oct. 6 reply brief that homeowners fail to offer reasoning as to why the mortgagors and reinsurer are not entitled to judgment on a Real Estate Settlement Procedures Act (RESPA) claim under Third Circuit U.S. Court of Appeals law (Linda Menichino, et al. v. Citibank, N.A., et al., No. 12-00058, W.D. Pa.).