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Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of Foreclosure- Related Claims, Finds No Error

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Oct. 22 found that a district court did not err when it dismissed foreclosure-related claims asserted by homeowners, affirming the dismissal of the case (Travis Middleton, et al. v. Indymac Mortgage Services / Onewest Bank FSB, et al., No...

Mealey's Banking & Finance - 11th Circuit Affirms Dismissal Of FDCPA Claim Related To Foreclosure

ATLANTA - After finding that no genuine issue of fact existed as to whether a bank had standing to foreclose on a property, the 11th Circuit U.S. Court of Appeals on Oct. 28 affirmed a decision granting summary judgment for the bank on a borrower's claims for violation of the Fair Debt Collection...

Mealey's Banking & Finance - 5th Circuit Finds Bank's Right To Foreclose Was Not Time-Barred

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 26 affirmed a decision granting judgment in favor of a bank, finding that its right to foreclose was not barred by a statute of limitations (Charles Boren, et al. v. U.S. National Bank Association, No. 14-20718, 2015 U.S. App. LEXIS 18800...

Mealey's Banking & Finance - 11th Circuit Reverses Dismissal Of Claim On Georgia Foreclosure Statute

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 30 affirmed the dismissal of a claim for violation of the Fair Debt Collection Practices Act (FDCPA) asserted by former homeowners, but reversed a decision to dismiss their claim for declaratory judgment that Georgia's foreclosure statute is...

Mealey's Banking & Finance - 11th Circuit Affirms Dismissal Of FDCPA And Foreclosure Claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 9 affirmed a district court's dismissal of claims for wrongful foreclosure, violation of the Fair Debt Collection Practices Act (FDCPA) and other causes of action against lenders and a law firm, finding that all of the claims failed (James...

Mealey's Banking & Finance - 4th Circuit Finds Credit Score Was Not Used By Lender In Denial Of Loan

RICHMOND, Va. - After finding that a lender did not use an applicant's credit score when it decided to deny her loan request, the Fourth Circuit U.S. Court of Appeals on Nov. 12 affirmed a court's decision to dismiss her claims for violation of the Fair Credit Reporting Act (FCRA) (Alisha Kingery...

Mealey's Banking & Finance - 2nd Circuit Finds Trust's Breach Of Contract Claims Are Time-Barred

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 16 affirmed a district court's decision to dismiss claims for breach of contract filed by a trust in relation to breaches of representations and warranties, finding that the case was barred by a six-year statute of limitations (Deutsche...

Mealey's Banking & Finance - 5th Circuit Finds Property Owners Lack Standing To Challenge Transfer Of Loan

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Nov. 20 affirmed a district court's decision to grant summary judgment in favor of a bank, finding that former property owners lacked standing to challenge the transfer of their mortgage (Ryan Ermisch, et al. v. HSBC Bank, et al., No. 15-50276...

Mealey's Banking & Finance - 6th Circuit Affirms Dismissal Of RESPA Claims Against Chase

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Dec. 10 affirmed a district court's decision in favor of a bank, finding that former property owners failed to show that it violated the Real Estate Settlement Procedures Act (RESPA) when it failed to respond to their letters (Martin Martini...

Mealey's Banking & Finance - 9th Circuit Finds TILA Section Cannot Be Applied Retroactively

PASADENA, Calif. - After finding that Congress did not intend for Section 1641(g) of the Truth in Lending Act (TILA) to apply retroactively, the Ninth Circuit U.S. Court of Appeals on Dec. 14 affirmed a trial court's decision dismissing a putative class action filed by borrowers against two banks...

Mealey's Banking & Finance - 10th Circuit Affirms Dismissal Of Foreclosure-Related Claims Against Chase

DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 14 affirmed a decision to dismiss a former property owner's foreclosure-related claims, finding that the district court did not err in considering documents from a bankruptcy case (Walter Trustrum Armstrong III v. JPMorgan Chase Bank National...

Mealey's Banking & Finance - 5th Circuit Affirms Decision Finding TILA Claim Is Time-Barred

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 18 affirmed a district court's ruling in favor of two banks, finding that claims for violation of the Truth in Lending Act (TILA) asserted by borrowers in relation to their mortgage were time-barred (Ira W. Brewer, et al. v. Bank of America...

Mealey's Banking & Finance - 8th Circuit Affirms Decision For CitiMortgage For Breach Of Contract

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 21 affirmed a district court's decision to grant summary judgment for a mortgage firm, finding that a bank breached a contract when it refused to repurchase residential mortgage loans (CitiMortgage Inc. v. Chicago Bancorp Inc., No. 15-1375...

Mealey's Banking & Finance - 4th Circuit Finds Property Owners Lacked Standing To Challenge Sale

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Dec. 28 affirmed a district court's decision to dismiss claims asserted against a bank, finding that former homeowners lacked standing to challenge the foreclosure of their property (Sostenes Pena, et al. v. HSBC Bank USA, National Association...

Mealey's Banking & Finance - 2nd Circuit Reverses Decision That FDCPA Claim Must Be Heard By Bankruptcy Court

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 31 reversed a trial court's decision to dismiss a borrower's claim for violation of the Fair Debt Collection Practices Act (FDCPA), finding that it erred in ordering that her claims must be heard by a bankruptcy court (Donna Garfield...

Mealey's Banking & Finance - California Court Upholds Demurrer Of Trustee's UCL And Foreclosure Claims

SAN FRANCISCO - A California appeals court on Dec. 31 affirmed the dismissal of a trustee's claims for violation of California's unfair competition law (UCL) and for wrongful foreclosure, finding that a bank's ineffective attempt to securitize a loan obligation adversely affected the value...

Mealey's Banking & Finance - 11th Circuit Finds Fact Issues Exist On Fraud Claim, Reverses Judgment

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 4 affirmed judgment for a bank on a property owner's claims for tortious conversion and trespass, but reversed a decision to grant summary judgment on her claim for fraud, finding that a genuine issue of fact exists as to whether the bank made...

Mealey's Banking & Finance - 5th Circuit Claims For Violation Of Texas Finance Code Are Not Actionable

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed a district court's decision to grant judgment in favor of a bank on claims that it violated the Texas Debt Collection Act (TDCA), finding that any of the alleged misrepresentations made by the bank were actionable (Alfred Fields...

Mealey's Banking & Finance - 6th Circuit Finds Borrowers Have No Remedy Under Loan Modification Law

CINCINNATI - After finding that former homeowners had no remedy under a Michigan loan modification statute or title to a property, the Sixth Circuit U.S. Court of Appeals on Jan. 19 affirmed a district court's decision to dismiss claims for state law and quiet title claims against a bank (Kenyatta...

Mealey's Banking & Finance - 11th Circuit Finds Lenders Are Not Debt Collectors Under FDCPA

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 28 affirmed a district court's decision finding that several lenders did not violate the Fair Debt Collection Practices Act (FDCPA) because they were not debt collectors under the FDCPA (Alexander Harvin v. Nationwide Title Clearing, et al...

Mealey's Banking & Finance - 5th Circuit Finds Borrower Breached Deed By Defaulting On Loan

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 29 affirmed a district court's decision to grant summary judgment for a bank on a borrower's breach of contract claim, finding that he breached the related deed of trust first when he defaulted on his loan payments (Mark Mahavier,...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA Claims As Time-Barred

SEATTLE - The Ninth Circuit U.S. Court of Appeals on Jan. 29 filed its decision to affirm a district court's dismissal of various federal claims asserted by borrowers in relation to the refinancing of their property, finding that their claims for violation of the Truth in Lending Act (TILA) were...

Mealey's Banking & Finance - Wells Fargo Reaches $1.2 Billion Settlement Over FHA Lending Claims

WASHINGTON, D.C. - Wells Fargo & Co. on Feb. 3 announced that it has reached a preliminary $1.2 billion settlement with the federal government that will resolve claims pending against it in relation to its Federal Housing Administration (FHA) lending program.

Mealey's Banking & Finance - 3rd Circuit Affirms Dismissal Of Claims Related To Mortgage Transfer

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 1 affirmed a district court's decision to dismiss a property owner's complaint against Bank of American N.A. (BANA), finding that she failed to submit any evidence to support her claims for violation of the U.S. Constitution and fraud...

Mealey's Banking & Finance - U.S Government Reaches $470 Million Settlement With HSBC Over Loan Abuses

WASHINGTON, D.C. - The U.S. Department of Justice on Feb. 5 announced that it has reached a $470 million settlement with HSBC Bank USA NA, addressing mortgage origination, servicing and foreclosure abuses.