Mealeys

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Mealey's Banking & Finance - Most Of Loan Servicer's Summary Judgment Motion Over Calls To Borrower Denied
Posted on 10 Sep 2019 by Mealeys

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

Mealey's Banking & Finance - Majority Affirms Dismissal Of UCL Suit Alleging 'Massive' Foreclosure Scheme
Posted on 9 Sep 2019 by Mealeys

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

Mealey's Banking & Finance - Sacramento's Discriminatory Lending Suit Against Wells Fargo Survives Dismissal
Posted on 26 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Dismissal Of Couple's Wrongful Foreclosure Suit Upheld By 11th Circuit
Posted on 26 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - 9th Circuit Finds Man's Loan Not Subject To Rescission Under TILA
Posted on 20 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - 5th Circuit: Secondary Lender Must Have Valid Contract For Contractual Subrogation
Posted on 19 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Filed-Rate Doctrine Bars RICO Claims Against Insurer, Reinsurance Broker, Judge Says
Posted on 16 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - U.S. Bank's Foreclosure Action Against Couple Was Timely, Judge Rules
Posted on 14 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Judge: Loan Servicer Cannot Be Liable For Unimplemented Mortgage Regulations
Posted on 14 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Attorney's Conviction For Role In Mortgage Fraud Upheld By 7th Circuit
Posted on 14 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - U.S. Supreme Court Denies Rehearing Over Alleged Wrongful Foreclosure
Posted on 7 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Consumer Financial Protection Bureau Files Amicus Brief Supporting Borrower
Posted on 6 Aug 2019 by Mealeys

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

Mealey's Banking & Finance - Judge Dismisses Man's TILA Suit, Finds He Fails To Allege Active Misleading
Posted on 31 Jul 2019 by Mealeys

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

Mealey's Banking & Finance - Foreclosed Property Management Fails To Have Plaintiffs' Claims Dismissed
Posted on 24 Jul 2019 by Mealeys

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

Mealey's Banking & Finance - Judge Awards Loan Servicer Summary Judgment On Woman's RESPA Claim
Posted on 24 Jul 2019 by Mealeys

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