Mealeys

Recent Posts

Mealey's Banking & Finance - Judge Refuses To Remand Class Action Suit Over Loan Servicer's Calls
Posted on 23 Jul 2019 by Mealeys

BOSTON - A putative class action suit against Select Portfolio Servicing Inc. (SPS) over phone calls it made to borrowers who were behind on their mortgage payments should stay in federal court, a federal judge in Massachusetts ruled July 19, finding... Read More

Mealey's Banking & Finance - 6th Circuit Upholds Ruling Finding Woman Cannot Pursue RESPA Claim
Posted on 23 Jul 2019 by Mealeys

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 18 affirmed a federal judge in Tennessee's ruling dismissing a woman's cause of action accusing her loan servicer of violating the Real Estate Settlement Procedures Act (RESPA),... Read More

Mealey's Banking & Finance - Majority Of Suit Over Failed Loan Modification Survives Dismissal
Posted on 22 Jul 2019 by Mealeys

SEATTLE - A federal judge in Washington on July 18 dismissed only a tort of outrage claim from a lawsuit brought by a woman and her son over a loan servicer's refusal to offer them a home loan modification after they satisfied the terms of a trial... Read More

Mealey's Banking & Finance - Judge Finds Woman Sufficiently Stated RESPA Claims Against Loan Servicer
Posted on 18 Jul 2019 by Mealeys

NEWARK, N.J. - A federal judge in New Jersey on July 16 denied a loan servicer's motion to dismiss a woman's lawsuit accusing of it violating Regulation X of the Real Estate Settlement Procedures Act (RESPA), finding that the plaintiff sufficiently... Read More

Mealey's Banking & Finance - Foreclosure Action Against Couple Was Timely, 10th Circuit Panel Rules
Posted on 17 Jul 2019 by Mealeys

DENVER - A 10th Circuit U.S. Court of Appeals panel on July 16 upheld the dismissal of a couple's lawsuit seeking a declaration that the mortgage and promissory note was unenforceable, ruling that a state court foreclosure action filed by the company... Read More

Mealey's Banking & Finance - MERS Waives Response To Woman's High Court Petition In TILA Suit
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Mortgage Electronic Registration Systems Inc. (MERS) says in a July 11 filing with the U.S. Supreme Court that it will not file a response brief to a woman's petition asking the high court to review a Ninth Circuit U.S. Court of... Read More

Mealey's Banking & Finance - Judge Dismisses Man's Foreclosure Action Against Trustee, Servicer, Law Firm
Posted on 9 Jul 2019 by Mealeys

BOSTON - A federal judge in Massachusetts on July 3 granted motions to dismiss filed by a law firm and a mortgage trustee and loan servicer after finding that a man failed to sufficiently allege that the defendants acted wrongfully when foreclosing on... Read More

Mealey's Banking & Finance - 6th Circuit Upholds Loan Servicer's, Lender's Summary Judgment Award
Posted on 8 Jul 2019 by Mealeys

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 2 upheld a ruling awarding summary judgment to a lender and loan servicer after holding that a federal judge in Tennessee did not err when finding that a letter from the loan servicer did... Read More

Mealey's Banking & Finance - Judge Dismisses Class Action Suit Over Allegedly Deceptive Forbearance Plan
Posted on 3 Jul 2019 by Mealeys

ORLANDO, Fla. - A federal judge in Florida on June 28 dismissed without prejudice a woman's class action lawsuit accusing LoanDepot.com of violating the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) when offering her a forbearance plan... Read More

Mealey's Banking & Finance - 1st Circuit Finds Merrill Doctrine Shields Fannie Mae From Vicarious Liability
Posted on 2 Jul 2019 by Mealeys

BOSTON - In addressing a matter of first impression, a First Circuit U.S. Court of Appeals panel on June 26 ruled that the Federal National Mortgage Association (Fannie Mae) is a government instrumentality that is shielded from vicarious liability for... Read More

Mealey's Banking & Finance - 5th Circuit Refuses To Reopen Couple's Suit Over Loan's Constitutionality
Posted on 28 Jun 2019 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 26 denied a Texas couple's request to reopen their action accusing a lender of violating the Texas Constitution by conducting loan closing proceedings in their home, holding that the... Read More

Mealey's Banking & Finance - Bank's $2.4 Million TCPA Class Settlement Preliminarily Approved
Posted on 26 Jun 2019 by Mealeys

RIVERSIDE, Calif. - A federal judge in California granted preliminary approval of a $2.4 million to be paid by a bank and mortgage company to end a class complaint accusing them of placing calls for mortgage servicing or debt collection purposes in violation... Read More

Mealey's Banking & Finance - Panel Affirms Dismissal Of RESPA Violation Claims Over Reinsurance Scheme
Posted on 20 Jun 2019 by Mealeys

PHILADELPHIA - Finding a lawsuit brought by homeowners to be untimely, the Third Circuit U.S. Court of Appeals on June 19 upheld the dismissal of homeowners' claims for violations of the Real Estate Settlement Procedures Act (RESPA) and unjust enrichment... Read More

Mealey's Banking & Finance - High Court Will Not Review Whether Lender Violated Automatic Bankruptcy Stay
Posted on 17 Jun 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on June 17 declined to hear a petition for writ of certiorari filed by a borrower who sought review of a district court's decision that he was prohibited from asserting that a mortgage company violated an... Read More

Mealey's Banking & Finance - U.S. Government Proposes Settlement With Bank For Discriminatory Lending
Posted on 14 Jun 2019 by Mealeys

INDIANAPOLIS - The U.S. Department of Justice and the U.S. Attorney's Office for the Southern District of Indiana filed a complaint and proposed settlement agreement in an Indiana federal court, alleging that a bank engaged in discriminatory lending... Read More