SAN JOSE, Calif. - After finding that a borrower failed to properly plead her claims asserted against a lender and servicing entity in relation to the denial of a loan modification, a California federal judge on May 11 granted a motion to dismiss the claims (Rafael Villanueva v. Select Portfolio Services, Inc., et al., No. 14-cv-05238, N.D. Calif.; 2015 U.S. Dist. LEXIS 61596).
RENO, Nev. - A Nevada federal judge on May 11 ordered that a bank provide supplemental details in relation to its request for fees incurred during a wrongful foreclosure-related case (Leslie J. Shaw v. Citimortgage Inc., et al., No. 3:13-CV-0445, D. Nev.; 2015 U.S. Dist. LEXIS 61494).
OAKLAND, Calif. - A California federal judge on May 7 refused to reconsider a decision to dismiss several defendants from a foreclosure-related case, finding that the borrowers failed to show that the court erred or that reconsideration was warranted (Rodrick I. Satre, et al. v. Wells Fargo Bank, N.A., et al., No. 10-01405, N.D. Calif.; 2015 U.S. Dist. LEXIS 60874).
FORT LAUDERDALE, Fla. - A Florida federal judge on May 5 granted a bank's motion to dismiss claims in a class action lawsuit alleging that the bank and insurers colluded to manipulate the force-placed insurance market and artificially inflated the amounts that mortgage borrowers were charged for policy premiums (Wilson, et al. v. EverBank, N.A., et al., No. 14-22264, S.D. Fla.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to dismiss a complaint filed by the administrator of an estate in relation to the foreclosure of his wife's property, finding that the defendants in the case had the authority to foreclose on the home (William B. Shannon, as Administrator of the Estate of Frankie Sue Shannon v. The Albertelli Firm P.C., dba Financial Freedom Acquisition LLC, dba Financial Freedom, One West Bank, FSB, No. 14-11832, 11th Cir.; 2015 U.S. App. LEXIS 7552).
NEW YORK - A New York federal judge on May 6 found that counsel for a borrower who asserted class action claims related to alleged breaches of contract and the Truth in Lending Act (TILA) was entitled to an award of fees incurred during the case (Joseph Mazzei, et al. v. The Money Store, et al., No. 01cv5694, S.D. N.Y.; 2015 U.S. Dist. LEXIS 59397).
TRENTON, N.J. - After finding that a borrower sufficiently pleaded her claim for violation of the New Jersey Consumer Fraud Act (CFA), a New Jersey federal judge on May 6 granted her motion for a default ruling against various lenders (Maria Galarza v. Lydian Private Bank, et al., No. 12-2729, D. N.J.; 2015 U.S. Dist. LEXIS 59173).
NEWARK, N.J. - After finding that numerous plaintiffs failed to prosecute their claims in relation to alleged predatory lending practices, a New Jersey federal magistrate judge on May 4 recommended that the court dismiss their claims (Leonard Calvaruso, et al. v. JP Morgan Chase Bank, N.A., No. 14-4515, D. N.J.; 2015 U.S. Dist. LEXIS 58417).
TAMPA, Fla. - A Florida federal judge on May 5 allowed certain claims asserted by a borrower who alleged that a mortgage company violated the Telephone Consumer Protection Act (TCPA) by leaving automated messages on her phone in relation to the collection of mortgage debt, but dismissed her claim for violation of the Florida Consumer Collection Practices Act (FCCPA) (Lisa E. Wilcox v. Green Tree Servicing LLC, No. 8:14-cv-1681, M.D. Fla.; 2015 U.S. Dist. LEXIS 58667).
ST. LOUIS - A Missouri federal magistrate on April 27 found that an underlying lawsuit against a loan broker insured does not allege any event that could be considered either an "accident" or "occurrence" under an insurance policy, granting the insurer's motion for summary judgment on its claim for declaratory relief and on the insured's six counterclaims (Country Mutual Insurance Co. v. Omicron Capital LLC, et al., No. 4:13-cv-1476-SPM, E.D. Mo.; 2015 U.S. Dist. LEXIS 54460).
SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).
DETROIT - A Michigan federal judge on April 22 granted a motion filed by lenders to dismiss borrowers' claims for breach of contract and other claims, but found that their claims for violation of Real Estate Settlement Procedures Act (RESPA) can proceed (Martin White Jr. et al. v. Wells Fargo Bank, N.A., AS, et al., No. 2:14-cv-12506, E.D. Mich.; 2015 U.S. Dist. LEXIS 52642).
SAN FRANCISCO - A federal judge in California on April 17 dismissed claims based on fraud and the state's unfair competition law (UCL) with prejudice in an alleged wrongful foreclosure case, while dismissing four other claims with leave to amend (Dan Wiskind v. JPMorgan Chase Bank, No. 14-4223, N.D. Calif.; 2015 U.S. Dist. LEXIS 51088).
NEW YORK - A New York bankruptcy judge on April 21 ruled on a trust's objection to certain claims asserted by a borrower, finding that her claims for wrongful foreclosure and violation of the Massachusetts Consumer Credit Cost Disclosure Act (MCCCDA) can proceed (In re Residential Capital LLC, et al., No. 12-12020, S.D. N.Y. Bkcy.; 2015 Bankr. LEXIS 1373).
ATLANTA - After finding that several of a borrower's claims were federal and that she failed to property state her claims, the 11th Circuit U.S. Court of Appeals on April 20 affirmed a decision refusing to remand and dismissed the case (Christine Stone v. Bank of New York Mellon, N.A., f.k.a. Bank of New York Trust Company N.A., et al., No. 13-15433, 11th Cir.; 2015 U.S. App. LEXIS 6449).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 17 affirmed a trial court's decision to grant summary judgment in favor of lenders, finding no evidence to support claims for violation of the Texas Debt Collection Practices Act (TDCA) and other claims (Darryl J. Berry, et al. v. Federal National Mortgage Association, et al., No. 14-10474, 5th Cir.; 2015 U.S. App. LEXIS 6370).
FRESNO, Calif. - A California appeals court on April 14 dismissed numerous claims asserted by a property owner in relation to a default on her loan, including claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA) as time-barred (Judy Burden v. California Reconveance Company, et al., No. 1:15-cv-00314, E.D. Calif.; 2015 U.S. Dist. LEXIS 49111).
BOSTON - After finding that no controversy exists in a case filed by a borrower who obtained a loan modification to prevent foreclosure, the First Circuit U.S. Court of Appeals on April 15 dismissed her claims against a bank as moot (Jodi B. Matt v. HSBC Bank USA, N.A., et al., No. 13-2209, 1st Cir.; 2015 U.S. App. LEXIS 6151).
SAN FRANCISCO - After finding that a lender's attempt to enforce a security interest under a deed of trust in a nonjudicial foreclosure did not constitute debt collection, a California federal judge on April 14 dismissed a borrower's claim for violation of the Fair Debt Collection Practices Act (FDCPA) (Hung Tran v. Select Portfolio Servicing Inc., et al., No. 14-cv-05404, N.D. Calif.; 2015 U.S. Dist. LEXIS 49030).
HUNTINGTON, W.Va. - After finding that the terms of a loan agreement could be found unconscionable, a West Virginia federal judge on April 14 refused to grant summary judgment to the seller of a mobile home and a lender (William Howard Adkins, et al. v. CMH Homes Inc. d/b/a Freedom Homes, et al., No. 3:13-32123, S.D. W.Va.; 2015 U.S. Dist. LEXIS 48629).
MOBILE, Ala. - After finding that a hotel owner should be afforded the chance to remedy widespread water and mold damage in his hotel, an Alabama federal judge on April 13 denied a bank's request to appoint a receiver in the case (Fidelity Bank v. Key Hotels of Bewton LLC, et al., No. 15-0031, S.D. Ala.; 2015 U.S. Dist. LEXIS 48055).
PHOENIX - An Arizona federal judge on April 9 found that coverage turns on discovery within the policy period of a loss to real property for which an insured negligently failed to obtain insurance, not on when the loss was reported to the insurer, denying the insurer's motion to dismiss a breach of contract, bad faith and negligence lawsuit (11333 Inc. v. Certain Underwriters at Lloyd's, London, et al., No. 14-02001, D. Ariz.; 2015 U.S. Dist. LEXIS 46498).
SAN DIEGO - A California federal judge on April 13 granted a bank's request for leave to file a third-party complaint against a borrower's son and former counsel in relation to his purchase of a property at a trustee sale, finding that the filing of the complaint will not prejudice the plaintiff (Bruce F. Bickoff v. Wells Fargo Bank, N.A., No. 14CV1065, S.D. Calif.; 2015 U.S. Dist. LEXIS 48352).
SAN DIEGO - After finding that discovery is not appropriate at the present stage of litigation, a California federal judge on April 10 denied a plaintiff's request to compel depositions from the employees of several lenders (Albert Patrick Zappia v. World Savings Bank FSB, et al., No. 14cv1428, S.D. Calif.; 2015 U.S. Dist. LEXIS 47245).
SAN FRANCISCO - Because some of investors' allegations against an insured were not barred by a policy's partial professional services exclusion, the exclusion does not preclude the possibility of coverage, the Ninth Circuit U.S. Court of Appeals ruled April 8, reversing and remanding a lower court's ruling in favor of the insurer in a dispute arising from an alleged Ponzi scheme (William Ambrosio, et al. v. Brit UW Limited, a/k/a Certain Underwriters at Lloyd's, No. 12-17338, 9th Cir.; 2015 U.S. App. LEXIS 5672).