http://www.lexisnexis.com/mealeys/news.aspx Headline Mortgage Lending Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 12 ruled that a federal judge in Minnesota did not err in dismissing a proposed class action suit accusing Wells Fargo Bank N.A. and a loan appraiser of conspiring to charge inflated fees for home valuation services because the plaintiffs were unable to show that they suffered any injury as a result of the alleged wrongdoing (Grant A. Gomez, et al. v. Wells Fargo Bank, N.A., et al., No. 10-3179, 8th Cir.; 2012 U.S. App. LEXIS 7370). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JOSE, Calif. - A federal judge in California on April 25 certified a nationwide class for borrowers who obtained a mortgage loan through Washington Mutual Bank FA (WMB) since June 2006 in which the lender obtained appraisals through eAppraiseIT LLC after finding that the plaintiffs sufficiently demonstrated that proof of an alleged conspiracy can be proven on a classwide basis and that common proof can be used to determine inflation in the aggregate (Felton A. Spears, et al. v. First American EAppraiseIT, a/k/a eAppraiseIT LLC, No. C-08-00868 RMW, N.D. Calif.; See September 2009, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on April 23 upheld the dismissal of a woman's lawsuit claiming that ING Bank FSB violated the Truth in Lending Act (TILA) by providing her with inadequate disclosure sheets because she filed suit after the expiration of the three-year statute of limitations (Karen Moore v. ING Bank FSB, No. 11-35499, 9th Cir.; 2012 U.S. App. LEXIS 8116). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 2 affirmed the dismissal of a woman's claims under the Truth in Lending Act (TILA) concerning loans she obtained, as well as a ruling awarding summary judgment to the defendants, after finding that a federal judge did not err in reaching his decision (Faye D. Larrabee v. Bank of America, N.A., et al., No. 10-2416, 4th Cir.; 2012 U.S. App. LEXIS 6642; See May 2010, Page 19). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A federal judge in California did not abuse his discretion in awarding summary judgment to a credit union in a Truth in Lending Act (TILA) lawsuit, a Ninth Circuit U.S. Court of Appeals panel ruled March 29 after finding that a man submitted a sham affidavit in opposition to the defendant's motion (Sylwester Slojewski v. Polam Federal Credit Union, No. 11-15018, 9th Cir.; 2012 U.S. App. LEXIS 6379). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A federal judge in Maryland on March 26 refused to dismiss a couple's class action lawsuit in which they claim that Bank of America N.A. made misrepresentations about its "no fee" loans because it obtained lender-paid mortgage insurance (LPMI) for them after closing, which prevented the plaintiffs from refinancing (Matthew Dwoskin, et al. v. Bank of America, N.A., No. CCB-11-1109, D. Md.; 2012 U.S. Dist. LEXIS 40631). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HONOLULU - A Ninth Circuit U.S. Court of Appeals panel on March 26 affirmed a bankruptcy court's finding that a mortgage lender and loan servicer's failure to properly announce the postponement of a foreclosure sale violated Hawaii's nonjudicial foreclosure law as well as the state's deceptive and unfair trade practices law and warranted voiding the sale of the property to the defendants (In re: Margery Kanamu-Kalehuanini Kekauoha-Alisa v. Ameriquest Mortgage Company, et al., No. 09-60019, 9th Cir.; 2012 U.S. App. LEXIS 6147). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 27 affirmed a judge's decision to award summary judgment to defendants in a foreclosure action after finding that the documents submitted by Bank of New York established that it possessed the original promissory note and deed of trust to the plaintiff's loan (Joseph Kiggundu v. Mortgage Electronic Registration Systems Inc., et al., No. 11-20533, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A federal judge in Michigan on April 20 awarded summary judgment to Wells Fargo Bank N.A. after finding that a man lacked standing to bring a lawsuit challenging foreclosure on his home because he did not file suit until after the redemption period following a sheriff's sale on the home had expired (Damon Colston v. Wells Fargo Bank N.A., No. 10-cv-13278, E.D. Mich.; 2012 U.S. Dist. LEXIS 55778). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A federal judge in Texas on April 23 dismissed a majority of claims asserted by a couple who claim that Bank of America N.A. and its servicing arm BAC Home Loans Servicing LP wrongfully foreclosed on their property during the loan modification process and only allowed the plaintiffs to amend two of their dismissed claims (Rachelle Casey, et al. v. Federal Home Loan Mortgage Association, et al., No. H-11-3830, S.D. Texas; 2012 U.S. Dist.LEXIS 57316). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A federal magistrate judge in Michigan on April 9 denied a plaintiff's request to add a nondiverse law firm as a defendant to her wrongful foreclosure action, finding that the filing of the motion to amend more than two months after her complaint was suspect (Lissa Jacobson v. Aurora Loan Services LLC, No. 11-13441, E.D. Mich.; 2012 U.S. Dist. LEXIS 49471). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The Federal Reserve Board on April 3 announced that it had reached an agreement with Morgan Stanley in which the bank agreed to review foreclosure actions initiated by Saxon Mortgage Services Inc. in 2009 and 2010 for patterns of negligence and misconduct. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit U.S. Court of Appeals panel on April 19 affirmed the dismissal of a man's lawsuit against Chase Home Finance LLC over its refusal to provide him with a permanent loan modification after finding that the Home Affordable Modification Program (HAMP) does not provide individuals with a private cause of action (Jason A. Miller v. Chase Home Finance LLC, No. 11-15166, 11th Cir.; 2012 U.S. App. LEXIS 7961). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATHENS, Ga. - A Georgia woman cannot pursue claims under the Home Affordable Modification Program (HAMP) based on the denial of her request for a home mortgage loan modification from Bank of America N.A., a federal judge ruled April 9, because the plaintiff is not a third-party beneficiary to a servicer participation agreement between the lender and the federal government (Judith Finch v. Bank of America, N.A., No. 12-CV-14, M.D. Ga.; 2012 U.S. Dist. LEXIS 49294). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MEDFORD, Ore. - A federal judge in Oregon on March 21 refused to adopt portions of a report and recommendation in which a magistrate judge ruled that a man's breach of contract and intentional infliction of emotional distress claims against Bank of America N.A., its loan servicing arm BAC Home Loans Servicing LP and Countrywide Home Loans Inc. should be dismissed but agreed that the plaintiff should be given leave to amend his negligent misrepresentation claim (Paul R. Andre v. Bank of America, N.A., et al., No. 11-cv-3077-CL, D. Ore.; 2012 U.S. Dist. LEXIS 38380). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN DIEGO - The federal judge in California overseeing litigation over adjustable-rate mortgage (ARM) loans offered by Countywide Financial Corp. on April 20 suggested terminating the coordinated proceeding and remanding the remaining cases to their original transferor courts (In re: Countrywide Financial Corp. Mortgage Marketing and Sales Practices Litigation, MDL 1988, S.D. Calif.; See October 2011, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - A federal judge in Missouri on April 20 remanded a man's lawsuit challenging the assignment of a successor trustee after finding that he could pursue state law claims for quiet title and slander of title and failed to state claims that the defendants violated the Fair Debt Collection Practices Act (FDCPA) (John Augustine v. Bank of America, N.A., et al., No. 11CV2251, E.D. Mo.; 2012 U.S. Dist. LEXIS 55847). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OPELIKA, Ala. - An Alabama federal judge on April 10 denied a motion to stay an order remanding a class complaint over mortgage fees to Alabama state court (Celestine Thomas, et al. v. Countrywide Home Loans, No. 11-399, M.D. Ala.; 2012 U.S. Dist. LEXIS 49844). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-7%20Mealey%27s%20Mortgage%20Lending%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SACRAMENTO, Calif. - A woman may proceed with statutory claims alleging unfair debt collection, but neither the time she spent correcting allegedly false reports nor the reports themselves constitute an injury under the California unfair competition law (UCL), a federal judge held March 22 (Celina Knippling, et al. v. Saxon Mortgage Inc., et al., No. 11-3116, E.D. Calif.; 2012 U.S. Dist. LEXIS 39510). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 7 reversed a federal judge's ruling that a woman failed to state a claim for breach of contract against Wells Fargo Bank N.A. based on its decision to not offer her a permanent loan modification despite her qualification and completion of a trial period plan (TPP), after finding that her allegations were not based on the lender's obligations under the Home Affordable Modification Program (HAMP) (Lori Wigod v. Wells Fargo Bank N.A., No. 11-1423, 7th Cir.; 2012 U.S. App. LEXIS 4714). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PORT HURON, Mich. - The Home Affordable Modification Program (HAMP) does not preempt a Michigan woman's state law breach of contract claim because her allegations are based on Wells Fargo Home Mortgage Inc.'s alleged breach of a trial period plan (TPP) rather than a violation of the statute itself, a federal judge ruled March 14 in denying in part the defendants' motion for summary judgment (Patricia Bolone v. Wells Fargo Home Mortgage Inc., et al., No. 11-10663, E.D. Mich.; 2012 U.S. Dist. LEXIS 34272). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A loan modification offer from JPMorgan Chase Bank N.A. to a Texas man did not make material misrepresentations about the man's ability to obtain a loan modification or the lender's refusal to initiate foreclosure proceedings during the modification process, a federal judge ruled March 16 in dismissing the plaintiff's lawsuit (Otis Carlisle v. JP Morgan Chase Bank, N.A., et al., No. H-11-2849, S.D. Texas; 2012 U.S. Dist. LEXIS 35668). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Department of Justice (DOJ), Department of Housing and Urban Development (HUD) and 49 state attorneys general on March 12 announced that a complaint and consent decrees with five mortgage loan servicers were filed in federal court in the District of Columbia concerning the $25 billion settlement to address the companies' servicing and foreclosure abuses (United States of America, et al. v. Bank of America Corp. N.A., et al., No. n/a, D. D.C.; See February 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A New Jersey Supreme Court panel on Feb. 27 unanimously held that notices of intent to foreclose sent to borrowers must include the name and address of the mortgage lender to comply with the Fair Foreclosure Act (FFA) and affirmed an entry of default judgment in favor of U.S. Bank N.A. in a foreclosure action brought against a couple who defaulted on their loan (U.S. Bank, N.A. v. Maryse Guillaume, et al., No. A-11-11, N.J. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel said in a ruling filed March 14 that a federal judge did not abuse her discretion in requiring a man to make monthly payments of $2,016.50 during an injunction period on the foreclosure of his home because the amount of the payments is close to that which was provided under a temporary loan modification agreement (Mohammad A. Mazed v. JP Morgan Chase Bank, N.A., et al., No. 11-56647, 9th Cir.; 2012 U.S. App. LEXIS 5309). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A foreclosure action brought against a woman in Pennsylvania state court precluded her from filing a lawsuit challenging the foreclosure and asserting other claims because the allegations in the suits were inextricably intertwined, a Third Circuit U.S. Court of Appeals panel ruled March 20 in affirming dismissal of the plaintiff's complaint (Agnes Manu v. National City Bank of Indiana, et al., No. 11-1705, 3rd Cir.; 2012 U.S. App. LEXIS 5755). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TAMPA, Fla. - A federal judge in Florida on Feb. 28 dismissed a putative class action suit accusing Bank of America N.A. of forging documents when foreclosing on borrowers' homes after finding that the plaintiffs' claims should have been raised during state court foreclosure proceedings brought by the lender (Teresa O'Neal, et al. v. Bank of America, N.A., No. 11-CV-107-T-17-TGW, M.D. Fla.; 2012 U.S. Dist. LEXIS 25046). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The Federal Reserve Board on March 8 announced that it released action plans for HSBC North America Holdings Inc., Ally Financial Inc. and IMB HoldCo. LLC. to cure deficiencies in the institutions' loan-servicing and foreclosure processes. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit U.S. Court of Appeals panel on March 19 ruled that incomplete dates documenting the end of the three-day rescission period on a woman's notice of right to cancel form did not violate the Truth in Lending Act (TILA) because the information still provided clear and conspicuous notice of her rescission rights (Eddison Walters v. Lime Financial Services Ltd., No. 11-11973, 11th Cir.; 2012 U.S. App. LEXIS 5668). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on March 5 upheld the dismissal of a couple's lawsuit against their mortgage lender and other defendants for allegedly violating the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) and California Business and Professions Code Section 17200 because their claims were barred by the statutes' respective limitations periods (Damon Lyman, et al. v. Loan Correspondents Inc., et al., No. 09-56958, 9th Cir.; 2012 U.S. App. LEXIS 4504). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A federal judge in Illinois on March 14 granted in part and denied in part motions for summary judgment filed by plaintiffs and defendants in a suit in which the plaintiffs seek rescission of loans and statutory damages under the Truth in Lending Act (TILA) (Iroanyah, et al. v. Bank of America, N.A., et al., No.09-00094, N.D. Ill.; 2012 U.S. Dist. LEXIS 34011). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A federal judge in Maryland on March 21 dismissed a woman's lawsuit seeking rescission from two loans as well as damages for violations of the Truth in Lending Act (TILA) allegedly committed by her lender and loan servicers, ruling that the plaintiff's claim for rescission was subject to the act's statute of repose, which is not subject to equitable tolling, and that her claim for damages was barred by the one-year limitations period (Sonja Brown v. Wilmington Finance Inc., et al., No. CCB-11-699, D. Md.; 2012 U.S. Dist. LEXIS 38201). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A federal judge in Illinois on March 19 refused to dismiss a woman's claim that her loan servicer violated the Fair Debt Collection Practices Act (FDCPA) by charging excessive and illegal fees in connection with her mortgage loan and misapplying her payments because she adequately alleged that the loan servicer satisfied the statute's definition of a debt collector (Lauretta Grady v. Ocwen Loan Servicing LLC, et al., No. 11-cv-1531, N.D. Ill.; 2012 U.S. Dist. LEXIS 36188). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LAS VEGAS - A federal judge in Nevada on March 20 dismissed a man's lawsuit alleging that Bank of America N.A. and its subsidiaries' violations of the Real Estate Settlement Procedures Act (RESPA) and Fair Credit Reporting Act (FCRA) caused him to suffer denial of credit and damage to his credit score, after finding that the alleged injuries were too speculative to support his claims (Gregory LaPorta v. Bank of America, et al., No. 11-CV-01094-KJD-CWH, D. Nev.; 2012 U.S. Dist. LEXIS 37287). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A federal judge in Maryland presiding over a class action lawsuit claiming that Wells Fargo Bank N.A. and Prosperity Mortgage Co. violated the Real Estate Settlement Procedures Act (RESPA) on March 14 agreed to extend the class period so all civil claims under the Racketeer Influenced and Corrupt Organizations Act can survive the statute's four-year statute of limitations (Denise Minter, et al. v. Wells Fargo Bank, N.A., et al., No. WMN-07-3442, D. Md.; 2012 U.S. Dist. LEXIS 34152; See May 2011, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on Feb. 28 affirmed the dismissal without prejudice of a woman's mortgage fraud lawsuit after finding that her arguments were without merit (Charlene Shockley v. EMC Mortgage Corp., et al., No. 11-15090, 11th Cir.; 2012 U.S. App. LEXIS 3964). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Feb. 23 upheld the dismissal of a couple's mortgage fraud class action suit against Deutsche Bank National Trust Co. and others after finding that a federal judge did not err in ruling that the complaint was an improper shotgun pleading that failed to state a claim (Jay Liebman, et al. v. Deutsche Bank National Trust Co., et al., No. 11-10478, 11th Cir.; 2012 U.S. App. LEXIS 3571). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Flagstar Bank N.A. on Feb. 24 agreed to pay $132.8 million to resolve a False Claims Act (FCA) lawsuit in which the U.S. government accused the lender of improperly endorsing federally insured mortgage loans that eventually defaulted and falsely certifying its loan underwriting practices (United States of America v. Flagstar Bank N.A., No. 12-cv-01392, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Department of Housing and Urban Development on Feb. 27 announced that it was charging Bank of America N.A. with discriminating against homebuyers with disabilities by placing unnecessary and burdensome requirements on people who rely on disability income to qualify for loans. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A plaintiff was unable to provide evidence in support of her claims that her loan servicers breached the terms of her deed of trust by untimely paying her property taxes, a federal judge in the District of Columbia ruled Feb. 28 in awarding summary judgment to the defendants (Martha A. Akers v. Beal Bank, et al., No. 09-0724, D. D.C.; 2012 U.S. Dist. LEXIS 25665). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Defendants in a securities lawsuit filed by Allstate Insurance Co., two of its subsidiaries and two Allstate-sponsored Employee Retirement Income Security Act plans (collectively, Allstate) have failed to show that removal of the action from state court is proper under the Edge Act, a federal judge in New York ruled March 14 in remanding the action to state court (Allstate Insurance Co., et al. v. CitiMortgage, Inc., et al., No. 11-1927, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - The "sue and be sued" clause of a bank's congressional charter allows for the bank's lawsuit against a number of defendants that misrepresented the investment quality of certain mortgage-backed securities they sold to the bank to be removed to federal court, a federal judge in Massachusetts ruled March 9 (Federal Home Loan Bank of Boston v. Ally Financial, Inc., et al., No. 11-10952, D. Mass.; 2012 U.S. Dist. LEXIS 31483). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-6%20Mealey%27s%20Mortgage%20Lending%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A federal judge in New York on March 16 granted two motions to dismiss a shareholder class action lawsuit alleging that Bank of America Corp. (BAC) and others misrepresented the investment quality of securities it sold to the shareholders in violation of federal securities law, ruling that the lead plaintiffs have failed to plead any materially false and misleading statements (NECA-IBEW Pension Trust Fund, et al. v. Bank of America Corp., et al., No. 10-0440, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) announced Feb. 9 that the federal government, attorneys general from 49 states and five national banks have reached a $25 billion settlement to resolve issues stemming from the lenders' allegedly fraudulent foreclosure practices and to help troubled borrowers by reducing the amount they owe on their homes. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A 10th Circuit U.S. Court of Appeals panel on Feb. 1 affirmed a summary judgment award to defendants in a foreclosure action after agreeing with a federal judge in Utah that the plaintiff failed to demonstrate that the sale and securitization of his mortgage loan did not deprive the lender's trustee from initiating foreclosure proceedings against him (Chad D. Scarborough v. LaSalle Bank National Association, et al., No. 11-4092, 10th Cir.; 2012 U.S. App. LEXIS 2075). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Feb. 1 affirmed the dismissal of a woman's lawsuit stemming from a bank's and loan servicer's failure to respond to her request for information following a foreclosure sale on her home after ruling that a federal judge did not err in finding that her allegations were not pleaded with the specificity required under Federal Rule of Civil Procedure 9(b) and that she failed to sufficiently serve one of the defendants (Patricia White v. America's Servicing Company, et al., No. 11-13101, 11th Cir.; 2012 U.S. App. LEXIS 1800). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Feb. 7 affirmed a district court and held that a debtor failed to state a claim against his lenders, which he had accused of violating state law when they foreclosed on his property (Dany L. Clementson v. Countrywide Financial Corporation, No. 11-1272, Chapter 7, 10th Cir.; 2012 U.S. App. LEXIS 2296). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 15 affirmed a lower court's dismissal of a putative class action against Bank of America NA in which the bank was alleged to have illegally foreclosed upon California homes (Moss C. Caballero v. Bank of America NA, et al., No. 10-17818, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a summary judgment award given to Wells Fargo Bank N.A. and its co-defendant in a foreclosure action after finding that they presented sufficient evidence that the plaintiff was properly notified that his property was being foreclosed upon and that it was sold during a foreclosure sale (David Mason Montgomery v. Wells Fargo Bank, N.A., et al., No. 11-10570, 5th Cir.; 2012 U.S. App. LEXIS 1835; See April 2011, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit U.S. Court of Appeals panel ruled Feb. 9 that a federal judge in Georgia did not err in awarding summary judgment to JPMorgan Chase Bank N.A. in a wrongful foreclosure suit because the lender provided sufficient documentation showing that it was the holder of the plaintiff's loan and thus had the right to foreclose (Darryl Haynes v. JPMorgan Chase Bank N.A., et al., No. 11-13065, 11th Cir.; 2012 U.S. App. LEXIS 2487). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHOENIX - A federal judge in Arizona on Feb. 9 denied Wells Fargo Bank NA's motion to dismiss a suit arising from junior and senior liens related to a foreclosure sale of a home (Gerber, et al. v. Wells Fargo Bank NA, et al., No. 11-01083, D. Ariz.; 2012 U.S. Dist. LEXIS 15860). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank JEFFERSON CITY, Mo. - Missouri Attorney General Chris Koster announced Feb. 7 that a Boone County, Mo., grand jury recently handed down a 136-count indictment against DocX LLC and its former president for forgery and making a false declaration as a result of engaging in a practice known as robo-signing when initiating foreclosure proceedings against homeowners. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank COLUBMIA, S.C. - A U.S. Army specialist on Jan. 27 filed a class action suit against Countrywide Home Loans Inc. in South Carolina federal court, claiming that the lender violated the Servicemembers Civil Relief Act (SCRA) when foreclosing on their homes (Young G. Lee, et al. v. Countrywide Home Loans Inc., No. 12-cv-0274, D. S.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BROOKLYN, NY - New York Attorney General Eric T. Schneiderman on Feb. 3 filed a lawsuit in state court against JPMorgan Chase Bank N.A., Bank of America N.A. and Wells Fargo Bank N.A., claiming that the banks' use of the Mortgage Electronic Registration System Inc. (MERS) database resulted in a wide range of deceptive and fraudulent foreclosure filings in the state (People of the State of New York v. JPMorgan Chase Bank, N.A., et al., No. n/a, N.Y. Sup., Kings Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Citigroup Inc. on Feb. 15 agreed to pay $158.3 million to resolve a lawsuit brought by the federal government accusing the bank of failing to comply with Housing and Urban Development and Federal Housing Administration regulations when approving residential mortgage loans (United States ex rel. Sherry A. Hunt v. Citigroup Inc., et al., No. 11-cv-5743, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The filing of a woman's lawsuit against her mortgage lender for violation of the Truth in Lending Act (TILA) three years after she closed on her loan warranted dismissal of her action regardless of the fact that she served the lender with a notice of rescission before the expiration of the limitations period, a panel of the Ninth Circuit U.S. Court of Appeals ruled Feb. 8 (Kathryn McOmie-Gray v. Bank of America Home Loans, f/k/a Countrywide Home Loans Inc., No. 10-16487, 9th Cir.; 2012 U.S. App. LEXIS 2448). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 10 held that a federal judge in Texas did not err when dismissing sua sponte a plaintiff's complaint for failure to state claims that defendants violated the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) (P. Chyba v. BAC Home Loans Servicing LP., et al., No. 11-10472, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - A federal judge in Florida on Feb. 21 certified a class for homeowners in the state whose mortgage loans were owned and/or serviced by Wells Fargo Bank N.A. and who allegedly were charged inflated premiums for force-placed insurance policies provided by QBE National Insurance Agency Inc. after finding that the proposed class satisfied the requirements of Federal Rule of Civil Procedure 23 (Ray Williams v. Wells Fargo Bank, N.A., et al., No. 11-21233-CIV, S.D. Fla.; 2012 U.S. Dist. LEXIS 20930; See October 2011, Page 24). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OPELIKA, Ala. - A woman's statewide class action suit for Alabama borrowers who were subjected to Countrywide Home Loans Inc.'s allegedly predatory lending practices was conditionally remanded by a federal judge Feb. 17, provided that the plaintiff provide an affidavit proving that the damages she requests for her individual claims are less than $75,000 (Celestine Thomas, et al. v. Countrywide Home Loans Inc., No. 11-CV-399-WKW, M.D. Ala.; 2012 U.S. Dist. LEXIS 20840). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEWARK, N.J. - A federal judge in New Jersey on Jan. 27 dismissed without prejudice a couple's class action lawsuit accusing TD Bank and a John Doe defendant of engaging in predatory lending practices, ruling that the plaintiffs' allegations failed to sufficiently state claims for relief (Maria Gutierrez, et al. v. TD Bank, et al., No. 11-5533, D. N.J.; 2012 U.S. Dist. LEXIS 10724). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PADUCAH, Ky. - A federal judge in Kentucky on Feb. 21 dismissed a putative class action suit filed by two Kentucky county clerks against Mortgage Electronic Registration System Inc. (MERS), its parent company and 15 financial institutions, after finding that state law did not provide a private cause of action for the clerks to pursue claims that the defendants conspired to avoid paying recording fees for the assignment of promissory notes (Christian County Clerk v. Mortgage Electronic Registration Systems Inc., et al., No. 11-CV-00072-M, W.D. Ky.; 2012 U.S. Dist. LEXIS 21380). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LOS ANGELES - A California homeowner filed a putative class action complaint on Feb. 7 against two mortgage companies, alleging that they have filed false documents in hundreds of bankruptcy cases nationwide (Mark Allan Hestrin v. American Home Mortgage Servicing Inc., et al., No. 12-01025, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A borrower has failed to state a claim for relief against subprime lenders because her claims are time-barred, and she has failed to show that a federal district court has personal jurisdiction over claims against a broker-dealer, a federal judge in Maryland ruled Feb. 16 in dismissing all claims (Ardina Stokes v. JPMorgan Chase Bank, NA, et al., No. 11-2620, D. Md.; 2012 U.S. Dist. LEXIS 19575). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=5-5%20Mealey%27s%20Mortgage%20Lending%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank FORT MYERS, Fla. - A man's lawsuit claiming that his mortgage lender knowingly provided him with false information about the value of land he purchased in December 2005 is timely but fails to specifically mention by whom and when the alleged misrepresentations were made, a federal judge in Florida ruled Feb. 17 in allowing the plaintiff to amend his complaint (Cesare Gaspari v. U.S. Bank National Association, No. 11-cv-32-FtM-29SPC, M.D. Fla.; 2012 U.S. Dist. LEXIS 20753).