Mealey's Mortgage Lending

  • November 19, 2019

    9th Circuit Vacates Ruling Denying RESPA Plaintiffs’ Motion For Relief

    ANCHORAGE, Alaska — A Ninth Circuit U.S. Court of Appeals panel on Nov. 15 overturned a federal judge in California’s ruling denying motions for relief from judgment under Federal Rule of Civil Procedure 60(b) filed by leaders of a proposed class claiming that a lender violated the Real Estate Settlement Procedures Act (RESPA), holding that the judge did not properly interpret the U.S. Supreme Court’s ruling in Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017), when denying the motion (Melissa Henson, et al. v. Fidelity National Financial Inc., No. 18-56071, 9th Cir., 2019 U.S. App. LEXIS 34093).

  • November 18, 2019

    U.S. Supreme Court Refuses To Rehear Woman’s Arguments To Review TILA Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 18 denied a woman’s request to rehear arguments on her request for review of a Ninth Circuit U.S. Court of Appeals’ ruling that affirmed dismissal of her Truth in Lending Act (TILA) lawsuit (Kimberly Cox v. Old Republic National Title Insurance Co., et al., No. 18-1536, U.S. Sup.).

  • November 18, 2019

    Federal Judge Refuses To Dismiss UCL Claim In Class Action Against Loan Servicer

    RIVERSIDE, Calif. — A federal judge in California on Nov. 12 denied a loan servicer’s motion to dismiss California unfair competition law (UCL) and other claims in a class action alleging that it conducted “fraudulent assessment and collection of unperformed, unfair, or unlawfully marked-up property valuation and inspection fees” (Mary A. Rhodeman, et al. v. Ocwen Loan Servicing, LLC, et al., No. 18-2363, C.D. Calif., 2019 U.S. Dist. LEXIS 197944).

  • November 14, 2019

    Judge Adopts Recommendation To Partially Dismiss Class Action Over Lender’s Letter

    MINNEAPOLIS — A federal judge in Minnesota on Nov. 7 adopted a magistrate judge’s Oct. 21 recommendation to partially dismiss a lawsuit brought by a proposed class of Minnesota borrowers who claim that a loan servicer violated the Fair Debt Collection Practices Act (FDCPA) when sending a letter informing them that their mortgage loans were in default, finding that the loan servicer did not say in the letter that it would immediately foreclose on the loan if a payment was not received by the expiration date (Anita Fisher v. Nationstar Mortgage LLC, et al., No. 19-cv-01382, D. Minn., 2019 U.S. Dist. LEXIS 194423).

  • November 13, 2019

    9th Circuit Agrees Res Judicata Bars Man’s Suit Over Assignment Of Loan

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Nov. 8 affirmed a federal judge in California’s ruling that a man’s second lawsuit accusing his loan servicer of illegally assigning his mortgage loan to a trust was barred by the doctrine of res judicata because the allegations stemmed from the same transaction or occurrence (Stephen Yagman v. Nationstar Mortgage LLC, No. 18-55693, 9th Cir., 2019 U.S. App. LEXIS 33495).

  • November 11, 2019

    Judge Dismisses Man’s RESPA Suit After Failure To Make Trial Payments

    MIAMI — A federal judge in Florida on Oct. 19 awarded summary judgment to a loan servicer, holding that it did not violate the Real Estate Settlement Procedures Act (RESPA) when denying a man’s loan modification because he did not make full payments under the trial payment plan (Robert A. Feinschreiber v. Ocwen Loan Servicing LLC, NO. 18-cv-22381-JLK, S.D. Fla., 2019 U.S. Dist. LEXIS 179245).

  • November 11, 2019

    Judge Says Bank’s 2013 Communications Did Not Violate Equal Credit Act

    LOS ANGELES — A federal judge in California on Nov. 4 granted in part Wells Fargo Bank N.A.’s motion for summary judgment in a couple’s lawsuit accusing it of violating the Equal Credit Opportunity Act (ECOA), finding that communications the lender had with the plaintiffs in 2013 about a loan modification application did not violate the statute because the borrowers were still in default on their mortgage loan (Walter H. Hackett III, et al. v. Wells Fargo Bank N.A., No. 17-CV-07354, C.D. Calif., 2019 U.S. Dist. LEXIS 193296).

  • November 11, 2019

    High Court Denies Petition Over ‘Patently Frivolous’ TILA Rescission Notice

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 4 refused to take up a couple’s request to review a ruling that awarded summary judgment to their mortgage lender and loan servicer on the ground that their request for rescission was “patently frivolous” (Andrez Madura, et al. v. Bank of America N.A., et al., No. 19-346, U.S. Sup.).

  • November 08, 2019

    Removal Of Man’s Suit Challenging Foreclosure Was Untimely; Judge Remands Action

    RENO, Nev. — A federal judge in Nevada on Nov. 5 remanded a man’s lawsuit against his mortgage loan servicer and others after finding that the defendants’ removal of the suit was untimely because the initial complaint established that the value of his home, which exceeds $75,000, is the amount in controversy (Joel Beck v. Nationstar Mortgage LLC, et al., No. 19-cv-00545-MMD-WGC, D. Nev., 2019 U.S. Dist. LEXIS 193561).

  • November 07, 2019

    9th Circuit Upholds Dismissal Of Man’s TILA Suit As Untimely

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Oct. 24 affirmed a ruling dismissing a man’s lawsuit accusing his lender of violating the Truth in Lending Act (TILA), agreeing with a federal judge in California that the plaintiff’s request for rescission under the act was untimely and that any amendment to the complaint to contend that equitable tolling was applicable would be futile (Peter Zeppeiro v. Ditech Financial LLC, et al., No. 18-56241, 9th Cir., 2019 U.S. App. LEXIS 31851).

  • November 06, 2019

    Class:  Reverse Mortgage Lender Conducts Excessive Inspections, Improperly Places Insurance

    LOS ANGELES — Reverse mortgage lender American Advisors Group (AAG) “is scamming the nation’s senior citizens and their heirs out of millions of dollars” by conducting and charging for numerous property inspections and force-placing property insurance on properties that are insured, the co-executors of a woman’s estate claim in a putative class action filed Nov. 4 in California federal court (Nancy Palombi, et al. v. American Advisors Group, et al., No.19-cv-2120, C.D. Calif.).

  • November 06, 2019

    11th Circuit Vacates Ruling Denying Certification Of Class’s Debt Collection Claims

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Oct. 29 reversed a federal judge in Florida’s ruling denying certification of a proposed class that claims that a loan servicer violated the Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA), holding that the matter of whether the class members’ claims are preempted under the U.S. Bankruptcy Code is common to all class members (Randolph Sellers, et al. v. Rushmore Loan Management Services LLC, No. 18-11420, 11th Cir., 2019 U.S. App. LEXIS 32395).

  • November 06, 2019

    Judge Denies Premature Motion To Compel Communications Between Servicer, Appraiser

    SEATTLE — A federal judge in Washington on Oct. 25 denied as premature a man’s motion to compel communications between a loan servicer and an appraiser that occurred after he defaulted on his mortgage, finding that the loan servicer said it was still looking for the requested records (Guirguis El-Shawary v. U.S. Bank N.A., No. C18-1456-JCC, W.D. Wash., 2019 U.S. Dist. LEXIS 185381).

  • November 01, 2019

    High Court To Review Woman’s Petition To Rehear TILA Case Nov. 15

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 30 said it will consider a woman’s request to rehear arguments regarding her petition for a writ of certiorari in a Truth in Lending Act (TILA) suit at its Nov. 15 conference (Kimberly Cox v. Old Republic National Title Insurance Co., et al., No. 18-1536, U.S. Sup.).

  • October 31, 2019

    Judge Says He Lacks Power To Stay Order Remanding Foreclosure Suit

    BIRMINGHAM, Ala. — A federal judge in Alabama on Oct. 11 denied a motion to stay an order remanding a couple’s wrongful foreclosure suit against two loan servicers, finding that he lacked power over the case after the loan servicers filed a notice of appeal to the 11th Circuit U.S. Court of Appeals (Lisa Bowman, et al. v. PHH Mortgage Corp., et al., No. 19-cv-00831, N.D. Ala.).

  • October 31, 2019

    9th Circuit Denies Man’s Petition To Rehear TILA Rescission Ruling

    SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Oct. 28 denied a man’s petition for rehearing of an earlier decision in which it found that the plaintiff could not rescind a loan under the Truth in Lending Act (TILA) because it was a residential mortgage transaction that was not subject to rescission (Timothy Barnes v. Chase Home Finance LLC, et al., No. 18-35616, 9th Cir., 2019 U.S. App. LEXIS 32295).

  • October 23, 2019

    Judge: Deceased Man’s Nephew Cannot Assert Claims Under Homeowner Bill Of Rights

    SAN FRANCISCO — A federal judge in California on Oct. 15 dismissed with prejudice a man’s claims brought under the California Homeowner Bill of Rights (HBOR) against JP Morgan Chase Bank and a loan servicing company, holding that the plaintiff is not a successor-in-interest under the statute because he acquired the property after his uncle died (Robert Branzuela v. JP Morgan Chase Bank, et al., No. 19-cv-02498-VC, N.D. Calif., 2019 U.S. Dist. LEXIS 179277).

  • October 22, 2019

    Judge Denies Lender’s Motion To Strike Class Claims Over Denied Modifications

    SPOKANE, Wash. — A federal judge in Washington on Oct. 18 denied Wells Fargo N.A.’s motion to strike a couple’s class action allegations for a proposed class of Washington consumers who were wrongfully denied a loan modification as a result of a glitch in the lender’s software, finding that the bank’s request was premature at this stage of the litigation (Monty Coordes, et al. v. Wells Fargo Bank N.A., No. 19-cv-0052-TOR, E.D. Wash., 2019 U.S. Dist. LEXIS 180919).

  • October 18, 2019

    Class Action Suit Accusing Wells Fargo Of Violating RESPA Dismissed By Judge

    NEW YORK — A federal judge in New York on Oct. 7 dismissed a woman’s class action lawsuit accusing Wells Fargo N.A. of violating the Real Estate Settlement Procedures Act (RESPA) when attempting to purchase her home through a short sale after finding that the allegations in the suit did not sufficiently allege how the loan servicer violated the statute (Faigie Ehrenfeld v. Wells Fargo N.A., No. 19-cv-2314, E.D. N.Y., 2019 U.S. Dist. LEXIS 174000).

  • October 18, 2019

    9th Circuit Refuses To Rehear Arguments On Fair Credit Reporting Act Ruling

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Oct. 8 voted 2-1 in favor of denying a couple’s request for rehearing of their argument that the Federal National Mortgage Association (Fannie Mae) is a credit reporting agency that is subject to liability under the Fair Credit Reporting Act (FCRA) after issuing a ruling in January that reversed a federal judge in Arizona’s ruling in favor of the plaintiffs (Richard Zabriskie, et al. v. Federal National Mortgage Association, Nos. 17-15807, 17-16000, 9th Cir., 2019 U.S. App. LEXIS 30147).