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 2013 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 19 agreed with a federal judge in Maryland that plaintiffs failed to state claims against Wells Fargo Bank, N.A., over its refusal to modify their home mortgage loan pursuant to the Home Affordable Modification Program (HAMP) (Josephine H. Spaulding, et al. v. Wells Fargo Bank, N.A., d/b/a America's Servicing Company, No. 12-1973, 4th Cir.; 2013 U.S. App. LEXIS 7866). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - A federal judge in Florida did not err in awarding judgment to defendants accused of violating the Truth in Lending Act (TILA) and Fair Debt Collection Practices Act (FDCPA) and allowing a couple to represent themselves during the trial, an 11th Circuit U.S. Court of Appeals panel ruled April 22, because the plaintiffs admitted that they did not make their mortgage payments and that their lender supplied them documents required by TILA (Lorraine Hixson, et al. v. CitiMortgage Inc., et al., No. 12-11008, 11th Cir.; 2013 U.S. App. LEXIS 7935). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on April 22 dismissed Wells Fargo Bank N.A. from a lawsuit accusing the lender of violating the Truth in Lending Act (TILA) when originating the refinancing of a couple's home mortgage and providing them with a home equity loan, but allowed the plaintiffs to add Deutsche Bank National Trust Co., the current holder of the loans, as a defendant (Isro Karakus, et al. v. Wells Fargo Bank, N.A., No. 09-cv-4739, E.D. N.Y.; 2013 U.S. Dist. LEXIS 57351). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an appraisal that inflated the value of a man's home as part of the formation of an adjustable-rate mortgage (ARM) loan was the proximate cause of his alleged financial injury (Harold C. Wallace v. Midwest Financial & Mortgage Services Inc., et al., No. 12-5208, 6th Cir.; 2013 U.S. App. LEXIS 8111). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DETROIT - A federal judge in Michigan on April 22 awarded summary judgment to JPMorgan Chase Bank N.A. (Chase) in a suit brought by a couple claiming that the lender fraudulently provided them with an adjustable-rate mortgage (ARM) loan rather than a fixed-rate loan after finding that the plaintiffs actually benefited because the interest rates on the loan have been lower than the national average (Eugene Biondo, et al. v. JP Morgan Chase Bank, N.A., No. 11-11664, E.D. Mich.; 2013 U.S. Dist. LEXIS 57517). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A federal judge in California on April 23 denied First American eAppraiseIT LLC's (EA) motion for judgment on the pleadings in a class action suit brought under the Real Estate Settlement Procedures Act (RESPA), finding that the class members' claim was timely because they were not aware of an agreement between the appraiser and Washington Mutual Bank FSB until November 2007, when the New York attorney general released the results of an investigation into the parties (Felton A. Spears, et al. v. First American eAppraiseIT, a/k/a eAppraiseIT LLC, et al., No. 08-CV-00868-RMW, N.D. Calif.; 2013 U.S. Dist. LEXIS 58292; See April 2012, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 29 affirmed the dismissal of a couple's lawsuit over the refinancing of their home mortgage loan after finding that the lender was not negligent when considering their ability to repay and that the terms of the loan were not unconscionable (Phillip Jackson, et al. v. Bank of America Corporation, et al., No. 12-3338, 7th Cir.; 2013 U.S. App. LEXIS 6298). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DALLAS - A federal judge in Texas on April 1 awarded summary judgment to Bank of New York Mellon, Bank of America N.A. and BAC Home Loans Servicing LP in a suit brought by a couple seeking to prevent foreclosure on their home, ruling that their claims under the Texas Debt Collection Act (TDCA) were barred by the statute of frauds (Dennis Kruse, et al. v. Bank of New York Mellon, et al., No. 11-CV-3480-B, N.D. Texas; 2013 U.S. Dist. LEXIS 46544). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 19 upheld the dismissal of a lawsuit brought by 13 homeowners challenging nonjudicial foreclosure proceedings on their homes, after finding that a federal judge in Minnesota did not err in finding that the "show-me-the-note" theory is not a viable argument to sustain a claim for quiet title (Shelia Iverson, et al. v. Wells Fargo Bank, N.A., et al., No. 12-2142, 8th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 19 affirmed a $75,000 sanction against plaintiffs' counsel and the dismissal of their lawsuit challenging nonjudicial foreclosure proceedings on their properties based on the defendants' alleged lacked authority to foreclose (Pamela Blaylock, et al. v. Wells Fargo Bank, N.A., et al., No. 12-2607, 8th Cir.; 2013 U.S. App. LEXIS 7839). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HOUSTON - A federal judge in Texas on March 30 awarded summary judgment to Wells Fargo Bank N.A. and the Federal Home Loan Mortgage Corp. (Freddie Mac) after finding that the statute of frauds barred a couple's claims that Wells Fargo wrongfully foreclosed on their home because they were told by a representative that the foreclosure sale was postponed (Janeiro Roberts, et al. v. Federal Home Loan Corporation, et al., No. H-11-3304, S.D. Texas; 2013 U.S. Dist. LEXIS 46530). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-7%20Mealey%27s%20Mortgage%20Lending%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' FLINT, Mich. - A federal judge in Michigan on March 29 rejected in part a magistrate judge's report and recommendation suggesting the dismissal of man's lawsuit challenging the foreclosure of his home and allowed the plaintiff to amend his allegations that the defendants engaged in robo-signing and describe how he was prejudiced by alleged violations of Michigan's foreclosure by advertisement statute (Matthew Gorski v. CTX Mortgage Co. LLC, et al., No. 12-CV-12250, E.D. Mich.; 2013 U.S. Dist. LEXIS 45697). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A 10th Circuit U.S. Court of Appeals panel on Feb. 25 affirmed the dismissal of a woman's lawsuit against CitiMortgage Inc. over its alleged failure to respond to qualified written requests (QWRs) for information about her loan as required by the Real Estate Settlement Procedures Act (RESPA) after finding that the plaintiff's failure to send correspondence to the proper address did not trigger the defendant's statutory duty to reply (Adriana Berneike v. CitiMortgage Inc., No. 11-4210, 10th Cir.; 2013 U.S. App. LEXIS 3879). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Feb. 28 held that while a woman exercised her right to rescind under the Truth in Lending Act (TILA) in a timely fashion, her allegations that the Federal National Mortgage Association (Fannie Mae) violated that statute failed (Elayne Wolf v. Federal National Mortgage Association, a/k/a Fannie Mae, et al., No. 11-2419, 4th Cir.; 2013 U.S. App. LEXIS 4300). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A federal judge in Massachusetts on March 20 awarded summary judgment to PNC Mortgage Corp. on a woman's claims that disclosures she received when closing on her mortgage loan were inadequate under the Truth in Lending Act (TILA) and the equivalent state statute but found that she can pursue her unjust enrichment claim because genuine disputes exist as to whether she was fraudulently induced into entering the agreement (Jennifer Broderick v. PNC Mortgage Corporation, No. 11-10047-JLT, D. Mass.; 2013 U.S. Dist. LEXIS 38642). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on March 20 awarded summary judgment to Wells Fargo Bank, N.A., after finding that a woman cannot seek rescission from her mortgage loan for alleged violations of the Truth in Lending Act (TILA) because she was unable to show that she could tender the remaining principal balance on the loan (Panchita J. Nunes v. Wells Fargo Bank, N.A., No. 10-CV-1270, E.D. N.Y.; 2013 U.S. Dist. LEXIS 38769). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A Chicago man and his grandmother can pursue claims that CitiMortgage Inc. violated the Illinois Consumer Fraud Act (ICFA) by failing to adequately evaluate their request for a loan modification, a federal judge in Illinois ruled March 26, explaining that the Home Affordable Modification Program (HAMP) requires servicers to work with borrowers during the process (Hector Acevedo, et al. v. CitiMortgage Inc., No. 11 C 4877, N.D. Ill.; 2013 U.S. Dist. LEXIS 42173). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A federal judge in Massachusetts on March 25 allowed a woman to amend her lawsuit against Wells Fargo Bank N.A., doing business as America's Servicing Co., to allege damages she sustained as a result of an allegedly deceptive 2010 forbearance agreement, but also ruled that the terms of a 2008 forbearance agreement did not violate Massachusetts General Law Chapter 93A (Denise D. Cranmore v. Wells Fargo Bank, N.A., d/b/a America's Servicing Company, et al., No. 12-10243-DJC, D. Mass.; 2013 U.S. Dist. LEXIS 41488). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A federal judge in Utah did not err in finding that a man's quiet title action should be dismissed because the issues the homeowner raised were dealt with in an earlier lawsuit, a 10th Circuit U.S. Court of Appeals panel ruled Feb. 26 (Jeremy Kee v. Federal National Mortgage Association, No. 12-4086, 10th Cir.; 2013 U.S. App. LEXIS 3922). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A federal judge in Colorado on March 25 dismissed the majority of a couple's lawsuit against Bank of America N.A. and a law firm the lender used to file notices of election for foreclosure that accused the defendants of running a "foreclosure churning operation," ruling that the plaintiffs failed to plead their claims with the required specificity and show that they suffered an injury as a result of the enterprise (Mark A. Henson, et al. v. Bank of America, N.A., et al., No. 12-cv-00098-CMA-CBS, D. Colo.; 2013 U.S. Dist. LEXIS 41307). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - An Ohio federal judge on March 8 partially struck a class complaint accusing a mortgage lender of overcharging customers foreclosure fees and ordered the selection of a new class representative (Craig Cowit v. CitiMortgage, Inc., No. 12-869, S.D. Ohio; 2013 U.S. Dist. LEXIS 32219). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA ANA, Calif. - A man's claim that his lender lacked interest in a securitized loan fails to allege sufficient injury under the California unfair competition law (UCL), a state appeals court held Feb. 28 (Gary Sroka v. Bank of America, N.A., No. G047005, Calif. App., 4th Dist., Div. 3; 2013 Cal. App. Unpub. LEXIS 1505). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 25 affirmed a federal judge in West Virginia's finding that a woman's claim for unconscionability was preempted by the Home Owners' Loan Act (HOLA) after finding that the components of her claim attempted to impose new guidelines on how loans are originated (Charlotte M. McCauley v. Home Loan Investment Bank F.S.B., et al., No. 12-1181, 4th Cir.; 2013 U.S. App. LEXIS 5883). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DETROIT - A federal judge in Michigan on March 26 dismissed a woman's lawsuit against the Federal Home Loan Mortgage Corp. (Freddie Mac) and Bank of America N.A. (BANA), finding that they cannot be held liable for claims stemming from alleged fraud that occurred during the refinancing of the plaintiff's loan (Charlene R. Warner v. Federal Home Loan Mortgage Corporation, et al., No. 12-13616-PJD-MKM, E.D. Mich.; 2013 U.S. Dist. LEXIS 41847). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A Massachusetts couple unhappy with the terms of two mortgages failed to show a lack of good faith and fair dealing prior to the loans being made, and their consumer law claims are barred by the statute of limitations, a First Circuit U.S. Court of Appeals panel ruled Feb. 27 (Dynell Latson, et al. v. Plaza Home Mortgage, Inc., No. 12-1462, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CAMDEN, N.J. - A federal judge in New Jersey on March 25 dismissed Wells Fargo Bank N.A. from a couple's lawsuit accusing the lender of providing them with a mortgage loan it allegedly knew they could not afford, finding that they failed to state a claim upon which relief could be granted (Russell Graddy, et al. v. Deutsche Bank National Trust Company, et al., No. 11-3038, D. N.J.; 2013 U.S. Dist. LEXIS 41203). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A federal district court did not err in ruling in favor of a number of defendants in a lawsuit filed by a mortgagee because, among other things, the plaintiff failed to bring her claims within the requisite statutes of limitations, a Fifth Circuit U.S. Court of Appeals panel ruled March 13 (Mae Helen McCrimmon v. Wells Fargo Bank N.A., et al., No. 12-20230, 5th Cir.; 2013 U.S. App. LEXIS 4985). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 22 upheld the dismissal of a Texas couple's lawsuit over debt collection activities conducted by Deutsche Bank National Trust Co. and JPMorgan Chase Bank, N.A., after finding that a federal judge in Texas did not err in awarding summary judgment to the defendants (Christopher Smith, et al. v. JPMorgan Chase Bank, N.A., et al., No. 12-40816, 5th Cir.; 2013 U.S. App. LEXIS 5730). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A couple fail to adequately plead that their lender's attempts to modify their mortgage constituted unlawful, unfair or fraudulent conduct under the California unfair competition law (UCL), a federal judge held March 13 (Noel G. Lesley Sr., et al. v. Ocwen Fin. Corp., et al., No. 12-1737, C.D. Calif.; 2013 U.S. Dist. LEXIS 35056). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-6%20Mealey%27s%20Mortgage%20Lending%2018%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A borrower adequately alleges injury in fact and inadequate notice prior to default, an appeals panel held Feb. 28 in allowing California unfair competition law (UCL) claims (Cornelio Pantoja v. Countrywide Home Loans Inc., et al., No. H036232, Calif. App., 6th Dist.; 2013 Cal. App. Unpub. LEXIS 1529). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Feb. 5 reversed a ruling finding that a couple's lawsuit brought under the Truth in Lending Act (TILA) was barred by the three-year statute of limitations, holding that the plaintiffs properly exercised their right to rescission by sending a letter to the lender seeking rescission from loans they obtained before filing suit (Daniel R. Sherzer, et al. v. Homestar Mortgage Services, et al., No. 11-4254, 3rd Cir.; 2013 U.S. App. LEXIS 2486). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A federal judge in Minnesota on Feb. 15 dismissed a couple's lawsuit claiming that BAC Home Loans Servicing LP (BAC) violated the Real Estate Settlement Procedures Act (RESPA) by failing to notify them that it had changed its name from Countrywide Home Loans Inc., after finding that the name change did not result in any alterations to the plaintiffs' account or to the address where payments are sent (Peter Yakowicz, et al. v. BAC Home Loans Servicing LP, et al., No. 12-1180, D. Minn.; 2013 U.S. Dist. LEXIS 20586). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A federal judge in Washington on Jan. 25 dismissed a man's claims for declaratory judgment and violation of the Real Estate Settlement Procedures Act (RESPA) after finding that the Federal Home Loan Mortgage Corp. (Freddie Mac) cannot be held liable for a loan servicer's failure to pay the borrower's insurance premium, thus requiring the acquisition of a force-placed insurance policy (Joel Johnson v. Federal Home Loan Mortgage Corporation, No. C12-1712 TSZ, W.D. Wash.; 2013 U.S. Dist. LEXIS 10485). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A First Circuit U.S. Court of Appeals panel that included retired U.S. Supreme Court Justice David H. Souter on Feb. 15 ruled that under state law, Massachusetts borrowers have standing to challenge the validity of mortgage loan assignments made by Mortgage Electronic Registration Systems Inc. (MERS) to entities that initiate foreclosure proceedings against them (Oratai Culhane v. Aurora Loan Services of Nebraska, No. 12-1285, 1st Cir.; 2013 U.S. App. LEXIS 3313). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 19 affirmed the denial of a man's request to enjoin his eviction from a home he lost to foreclosure, holding that his suit is barred by Wells Fargo Bank N.A.'s previous state court judgment against the plaintiff (Patrick Knoles v. Wells Fargo Bank, N.A., et al., No. 12-40369, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' JACKSONVILLE, Fla. - Lender Processing Services Inc. (LPS), a Florida-based company that offers integrated technology and services to the mortgage and real estate industries, on Jan. 31 announced that it had reached a $127 million settlement with attorneys general in 46 states and the District of Columbia to resolve claims over its document preparation, which included the practice of robo-signing documents used in foreclosure proceedings. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) on Feb. 19 announced that Lender Processing Services Inc. (LPS) will pay $35 million in criminal penalties for its participation in a six-year scheme to prepare and file fraudulently prepared mortgage-related documents after the chief executive officer of one of its subsidiaries, DocX LLC, agreed to plead guilty to felony charges. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' GALVESTON, Texas - A federal judge in Texas on Jan. 31 awarded summary judgment to EMC Mortgage Corp. and U.S. Bank N.A. after finding that a couple failed to raise genuine issues of material fact as to whether the defendants breached the terms of the mortgage agreement and violated the Texas Debt Collection Act (TDCA) when foreclosing on their home (Santos Benavides, et al. v. EMC Mortgage Corporation, et al., No. 3-12-46, S.D. Texas; 2013 U.S. Dist. LEXIS 13018). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 13 affirmed the dismissal of a Texas couple's lawsuit claiming that their home equity loan was void because the documents were signed in the living room of their home in violation of the Texas Constitution, after agreeing that their allegations were subject to a four-year statute of limitations (John Priester, et al. v. JP Morgan Chase Bank N.A., et al., No. 12-40032, 5th Cir.; 2013 U.S. App. LEXIS 3097). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Feb. 14 reversed a federal judge's ruling dismissing a couple's claim that a law firm violated the Fair Debt Collection Practices Act (FDCPA), after finding that the court's previous ruling in Glazer v. Chase Home Finance LLC (2013 U.S. App. LEXIS 845 $(2013$)) held that law firms that regularly engage in foreclosures satisfy the statutory definition of a debt collector (Andrew Mellentine, et al. v. Ameriquest Mortgage Company, et al., No. 11-2467, 6th Cir.; 2013 U.S. App. LEXIS 3353). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - A federal judge in Maryland on Feb. 4 denied Stewart Title and Guaranty Co.'s motion to dismiss as moot a woman's class action suit claiming that the company overcharged her for title insurance when refinancing her home mortgage loan, after finding that although the company reimbursed her for the overage, it did not provide her with complete relief (DeAngela Winston, et al. v. Stewart Title and Guaranty Co., No. CCB-10-2425, D. Md.; 2013 U.S. Dist. LEXIS 21047). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' TAMPA, Fla. - A federal judge in Florida on Jan. 22 held that plaintiffs who brought a lawsuit against Chase Home Finance LLC and JPMorgan Chase Bank N.A. sufficiently stated claims for breach of contract, breach of the implied covenant of good faith and fair dealing and violation of the anti-tying provision of the Bank Holding Company Act over the defendants' purchase of force-placed flood and hazard insurance policies for borrowers when they allow their policies to lapse (Ruth Gordon, et al. v. Chase Home Finance LLC, et al., No. 11-cv-2001-T-33EAJ, M.D. Fla.; 2013 U.S. Dist. LEXIS 8998). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Feb. 15 affirmed the dismissal of a lawsuit brought by a class of county clerks in Kentucky, holding that state law does not provide them with a private cause of action to pursue claims over the Mortgage Electronic Registration Systems Inc.'s (MERS) failure to pay recording fees when transferring assignments on mortgage loans (Christian County Clerk, by and through its county clerk Michael Kem, et al. v. Mortgage Electronic Registration Systems Inc., et al., No. 12-5237, 6th Cir.; 2013 U.S. App. LEXIS 3526). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-5%20Mealey%27s%20Mortgage%20Lending%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A federal judge on Jan. 2 allowed a woman to pursue California unfair competition law (UCL) claims based on vicarious liability and found that alleged inconsistencies in interest rate and loan amount disclosures permit her UCL claims (Marcella Rose v. Seamless Financial Corp., et al., No. 11-240, S.D. Calif.; 2013 U.S. Dist. LEXIS 395).