LexisNexis® Legal Newsroom
Mealey's Banking & Finance - Judge Finds TILA Claim Under UCL Is Not A Basis For Jurisdiction, Remands

LOS ANGELES - Although part of a borrower's claim for violation of California's unfair competition law (UCL) asserted a violation of the Truth in Lending Act (TILA), a California federal judge on Nov. 1 found that removal by a group of mortgage-related entities was improper and remanded the case...

Mealey's Banking & Finance - 6th Circuit Finds Fannie Mae, Others Were Not Debt Collectors Under FDCPA

CHICAGO - A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 6 found that a borrower failed to show that lenders lacked standing to foreclose or that they qualified as debt collectors under the Fair Debt Collection Practices Act (FDCPA), affirming the dismissal of his complaint for failure to...

Mealey's Banking & Finance - Federal Judge Refuses To Grant Injunction Enjoining HSBC From Foreclosing

BOSTON - A Massachusetts federal judge on Nov. 3 refused to grant a borrower's request for an injunction enjoining a bank from foreclosing on his property pending his appeal of a ruling that dismissed his complaint, finding that it was unlikely that he would succeed on the merits (Harry M. Andrews...

Mealey's Banking & Finance - Supreme Court Refuses To Consider Whether Rooker-Feldman Barred FDCPA Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 13 refused to grant certiorari in a case in which borrowers sought review of an appeals court's ruling to affirm the dismissal of their claim for violation of the Fair Debt Collection Practices Act (FDCPA) as barred by a foreclosure case in a state...

Mealey's Banking & Finance - Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

LOS ANGELES - After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy...

Mealey's Banking & Finance - Judge Finds Truth In Lending Act Section Applies To Untimely Claim For Relief

SEATTLE - Although borrowers filed their notice of an intent to rescind their loan under the Truth in Lending Act (TILA) within the required three-year statute of limitations, a Washington federal judge on Nov. 16 found that their claims for declaratory and injunctive relief and damages were all time...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA, FDCPA Claims Against CitiMortgage

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court's decision granting summary judgment for a mortgage lender, finding that a claim for violation of the Truth in Lending Act (TILA) asserted by borrowers was time-barred and that the lender was not a debt...

Mealey's Banking & Finance - Judge Dismisses UCL, HBOR Foreclosure Claims For Failure To Oppose

SAN DIEGO - After a borrower failed to respond to motions filed by lenders and loan servicers to dismiss claims related to an alleged wrongful foreclosure, a California federal judge on Nov. 20 dismissed his claims for violation of California's unfair competition law, negligence and other claims...

Mealey's Banking & Finance - 6th Circuit Finds Foreclosure-Related Claims Are Barred By Res Judicata

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Nov. 22 affirmed a trial court's dismissal of a borrower's claims related to a property foreclosure, finding that the case was barred by an earlier case (Quannah L. Harris v. Ocwen Loan Servicing LLC, et al., No. 17-5399, 6th Cir., 2017...

Mealey's Banking & Finance - 9th Circuit Finds Lenders Had Authority To Foreclose, Affirms Dismissal

PASADENA, Calif. - After finding that various mortgage-related entities had the authority to foreclose on a property, the Ninth Circuit U.S. Court of Appeals on Nov. 22 affirmed a trial court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL) and...

Mealey's Banking & Finance - Court Finds Bank's Demurrer To UCL, TILA Claims Was Properly Sustained

SAN JOSE, Calif. - A California appeals court on Nov. 21 found that a trial court properly sustained a bank's demurrer as to numerous claims asserted by former property owners, including claims for violation of California's unfair competition law (UCL) and the Truth in Lending Act (TILA), finding...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of Foreclosure Claims, Finds No Error

PASADENA, Calif. - After finding that property owners failed to comply with Nevada housing law in relation to a quit claim deed for a foreclosed on property, the Ninth Circuit U.S. Court of Appeals on Nov. 22 affirmed the dismissal of their complaint for wrongful foreclosure (Wayne A. Seare, et al. v...

Mealey's Banking & Finance - U.S. High Court Hears Dodd-Frank Whistleblower Oral Arguments

WASHINGTON, D.C. - The statutory definition of whistleblower applies to the anti-retaliation provision of the Dodd-Frank Act, Kannon K. Shanmugam of Williams & Connolly in Washington, counsel for Digital Realty Trust Inc., told the U.S. Supreme Court justices during oral argument on Nov. 28 (Digital...

Mealey's Banking & Finance - Judge Finds Restraining Order Preventing Property Foreclosure Is Inappropriate

DENVER - A Colorado federal judge did not reach the issue of whether a Colorado foreclosure law is unconstitutional, but denied a borrower's request for an ex parte restraining order enjoining a bank from foreclosing on the property on Nov. 29 (Michael Smith v. PNC Bank National Association, et al...

Mealey's Banking & Finance - Judge Finds Borrower's Claims Are Not Capped By Homeowners Protection Act

NEWARK, N.J. - A New Jersey federal judge on Nov. 30 granted a bank's request to dismiss its parent company from a lawsuit filed by a borrower in relation to mortgage insurance premiums, but rejected its arguments that it was entitled to summary judgment because the Homeowners Protections Act (HPA...

Mealey's Banking & Finance - Judge Finds No Facts To Support Borrowers Claims Against Mortgage Trust

SAN FRANCISCO - A California federal judge on Nov. 29 granted a trust's motion to dismiss claims for violation of California's unfair competition law UCL, wrongful foreclosure and other causes of action asserted by a borrower, finding that all of the claims were barred by a statute of limitations...

Mealey's Banking & Finance - High Court Will Not Consider Scope Of FDCPA In Relation To Trustees

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied certiorari to a borrower, refusing to review whether a trustee is considered a debt collector under the Fair Debt Collection Practices Act (FDCPA) (Vien-Phuong Thi Ho v. ReconTrust Company, NA, et al., No. 17-278, U.S. Sup.).

Mealey's Banking & Finance - 5th Circuit Finds Loan Transaction Was Not Void, Affirms Dismissal

NEW ORLEANS - After finding that a borrower failed to show that the sale of a mortgage between lenders was void, the Fifth Circuit U.S. Court of Appeals on Dec. 1 affirmed a district court's summary judgment ruling for the lenders (David Johnson v. Real Estate Mortgage Network, et al., No. 17-20347...

Mealey's Banking & Finance - Judge Dismisses Seller's Claim For Liquidated Damages For Breach Of Contract

CHICAGO - An Illinois federal judge on Nov. 29 partially granted a motion filed by property investors who were unable to obtain a mortgage to dismiss a counterclaim by a seller for breach of contract for liquidated damages, finding that a liquidated damages provision in a modification to a purchase agreement...

Mealey's Banking & Finance - California Court Affirms Dismissal Of Borrower's UCL, Wrongful Foreclosure Claims

LOS ANGELES - A California appeals court on Dec. 4 affirmed a court's decision granting demurrers filed by mortgage-related entities on claims for violation of California's unfair competition law (UCL) and wrongful foreclosure, affirming the dismissal of the case (Richard Traister v. Ocwen Loan...

Mealey's Banking & Finance - 2nd Circuit Vacates Ruling Denying Borrower Leave To Amend Complaint

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 5 affirmed a district court's dismissal of a borrower's claims asserted against a lender and loan servicer related to his default on a mortgage, but vacated the court's denial of his request to amend his complaint and to add a new...

Mealey's Banking & Finance - Judge Allows UCL, Negligence Claims To Proceed Against Seterus Inc.

SACRAMENTO, Calif. - After determining that a borrower's claims for negligence and violation of California's unfair competition law (UCL) were properly pleaded, a California federal judge on Dec. 11 partially denied a lender's motion to dismiss the claims but granted the motion as to causes...

Mealey's Banking & Finance - Federal Judge Dismisses Fraud, Breach Of Contract Claims Against HSBC

HOUSTON - A Texas federal judge on Dec. 7 granted a bank's motion to dismiss claims for breach of contract and fraud asserted against it by a borrower who was attempting to enjoin foreclosure, finding that the property owner failed to state a claim upon which relief could be granted (Alan Battle...

Mealey's Banking & Finance - 7th Circuit Affirms Dismissal Of TILA Rescission Claims As Untimely

CHICAGO - After finding that a former homeowner's right to file a lawsuit in relation to rescission under the Truth in Lending Act (TILA) had expired years before he filed his case against a bank, the Seventh Circuit U.S. Court of Appeals on Dec. 12 affirmed a decision to dismiss his claims as untimely...

Mealey's Banking & Finance - Panel Finds Court Erred In Dismissing Elder Abuse Claims Against Lenders

SAN FRANCISCO - After finding that the widow of a borrower, who obtained a reverse mortgage on a property that was later foreclosed on, sufficiently pleaded her claims for elder abuse and breach of contract, a California appeals court on Dec. 11 reversed a trial court's decision dismissing her claims...