TAMPA, Fla. - A federal judge in Florida on Sept. 4 denied the majority of Ocwen Loan Servicing LLC's motion for summary judgment in a couple's suit accusing the company of violating the Telephone Consumer Protection Act (TCPA) and Florida Consumer... Read More
SAN DIEGO - A majority of a California appeals panel on Sept. 5 found that a lower court properly sustained without leave to amend a mortgage servicer and loan beneficiary's demurrer to a plaintiff's third amended complaint alleging that the defendants... Read More
SACRAMENTO, Calif. - A federal judge in California on Aug. 22 denied a motion to dismiss the city of Sacramento's lawsuit accusing Wells Fargo & Co. and Wells Fargo Bank N.A. of engaging in discriminatory lending, finding that the city sufficiently... Read More
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 21 affirmed the dismissal of a couple's wrongful foreclosure suit against their mortgage lender, holding that the complaint failed to sufficiently allege a causal connection between the... Read More
SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Aug. 15 upheld a ruling awarding summary judgment to Chase Home Finance LLC (CHF), finding that a federal judge did not err when finding that a man's loan was a residential mortgage transaction... Read More
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 15 affirmed a ruling awarding a borrower summary judgment on her quiet title claim against the Federal Home Loan Mortgage Corp. (Freddie Mac), after finding that it was not entitled to... Read More
TRENTON, N.J. - The filed-rate doctrine precludes homeowners' claims against a reinsurance broker, an insurer and a mortgage company over alleged violations of the Racketeer Influenced and Corrupt Organizations Act based on a lender-placed insurance... Read More
LAREDO, Texas - A federal judge in Texas on Aug. 12 awarded summary judgment to U.S. Bank N.A., after finding that its foreclosure action against a couple was timely because it was filed within three years of notifying the couple that it intended to accelerate... Read More
NEWPORT NEWS, Va. - A federal judge in Virginia on Aug. 9 dismissed a woman's lawsuit accusing her loan servicer and loan trustee of breaching the terms of a deed of trust by foreclosing on her home before she was given a loan modification, finding... Read More
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 9 affirmed a federal judge in Illinois' ruling finding an attorney liable for his role in a mortgage fraud scheme, holding that the Illinois LLC Act did not shield him from liability... Read More
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 5 denied a borrower's petition for rehearing as to whether it should review a federal judge's ruling allowing a lender to foreclose on a property during bankruptcy proceedings (Mark Anthony Fornesa... Read More
RICHMOND, Va. - The Consumer Financial Protection Board (CFPB) on Aug. 2 filed an amicus curiae brief in the Fourth Circuit U.S. Court of Appeals in support of a borrower who claims that a federal judge in Virginia erred in dismissing his class action... Read More
TRENTON, N.J. - A federal judge in New Jersey on July 26 dismissed without prejudice a man's class action accusing Santander Bank N.A. of violating the Truth in Lending Act (TILA), finding that the plaintiff failed to show that his claim was subject... Read More
CHICAGO - A federal judge in Illinois on July 19 denied a motion to dismiss three plaintiffs' claims accusing a foreclosed property management company of violating the Fair Debt Collection Practices Act (FDCPA) and Illinois Consumer Fraud Act (ICFA... Read More
CHICAGO - A federal judge in Illinois on July 22 granted in part a loan servicer's motion for summary judgment, finding that while a woman could not establish that the defendant violated the Real Estate Settlement Procedures Act (RESPA) when offering... Read More