LexisNexis® Legal Newsroom
Troutman Sanders LLP: Two Federal Appeals Courts Split over Borrowers’ Rights to Sue under HAMP

By John C. Lynch , David N. Anthony , Ethan G. Ostroff and Maryia Y. Jones Courts nationwide have seen a groundswell of lawsuits by borrowers predicated on loan servicers' decisions not to provide loan modification relief under the Home Affordable Modification Program ("HAMP"). Some...

HOLA Does Not Preempt Fraud Claims against Mortgage Loan Servicer, California District Court Rules

The Southern District of California recently held that claims against a mortgage loan servicer are not preempted by the Home Owners Loan Act (HOLA) when they rely on "general allegations of misrepresentation" and are only "incidental" to the servicer's lending practices. The...