DENVER - After finding that a borrower's claims related to a state court foreclosure case were barred under the doctrine established in Rooker v. Fidelity Trust Co. (263 U.S. 413 ) and District of Columbia Court of Appeals v. Feldman (460 U.S. 462 ), the 10th Circuit U.S. Court of Appeals on Aug. 31 affirmed a district court's dismissal of all of his claims asserted against various lenders (R. Kirk McDonald v. J.P. Morgan Chase Bank, N.A., No. 15-1168, 10th Cir.; 2016 U.S. App. LEXIS 16092).
ORLANDO, Fla. - After finding that borrowers attempted to rescind their mortgage five years too late under the Truth in Lending Act (TILA), a Florida federal judge on Sept. 1 granted three motions to dismiss their claim for rescission under TILA and other claims related to their mortgage (Charles E. Woide, et al. v. Federal National Mortgage Association, et al., No. 6:15-cv-1929, M.D. Fla.; 2016 U.S. Dist. LEXIS 118073).
SAN FRANCISCO - A California federal judge on Aug. 29 found that a borrower failed to adequately plead his claims related to his application for a loan modification, granting a bank's motion to dismiss his claims for negligence, intentional infliction of emotional stress and violation of California law (Douglas K. Ivey v. JP Morgan Chase Bank, N.A., et al., No. 16-cv-00610, N.D. Calif.; 2016 U.S. Dist. LEXIS 115863).
TAMPA, Fla. - After finding that a borrower's request for information (RFI) did not constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA), a Florida federal judge on Aug. 29 granted a bank's motion to dismiss the complaint with leave to amend (Xavier A. Bracco v. PNC Mortgage, No. 8:16-cv-1640, M.D. Fla.; 2016 U.S. Dist. LEXIS 115269).
ST. PAUL, Minn. - A loan referral firm's sending of more than 1,000 solicitation emails to recipients it knew were in Minnesota constituted sufficient contacts to establish jurisdiction over it in the state, the en banc Minnesota Supreme Court ruled Aug. 24, affirming two lower court rulings in a consumer protection class action (Scott Rilley, et al. v. MoneyMutual LLC, No. A14-1307, Minn. Sup.; 2016 Minn. LEXIS 526).
SHREVEPORT, La. - A Louisiana appeals panel on Aug. 10 reversed a lower court's ruling in favor of an errors and omissions insurer in a dispute arising from the sale of a property with mineral rights (Jim And Freida Heath v. Continental Casualty Co., et al., No. 50,860-CA, La. App., 2nd Cir.; 2016 La. App. LEXIS 1548).
BIRMINGHAM, Ala. - An Alabama federal judge on Aug. 3 adopted the majority of a magistrate judge's report and recommendation that claims asserted by a property owner against lenders be dismissed but sustained one objection to the report in relation to the borrower's claim for quiet title (James A. Yocum Jr. v. Nationstar Mortgage LLC, et al., No. 2:14-cv-00970, N.D. Ala.; 2016 U.S. Dist. LEXIS 101663).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 3 affirmed a district court's decision to grant summary judgment for a bank in relation to a scheduled foreclosure, finding that the bank had standing to foreclose (Roderick Robertson, et al. v. U.S. Bank, N.A., as Trustee for Residential Assets Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through Certificates, Series 2006-EMX3, et al., Nos. 15-6286/16-5116, 6th Cir.; 2016 U.S. App. LEXIS 14112).
SAN JOSE, Calif. - A California federal judge on July 29 found that borrowers were judicially estopped from asserting claims for rescission under the Truth in Lending Act (TILA), quiet title and declaratory judgment, finding that two lenders were entitled to judgment on the pleadings (Leonard K. Tyson, et al. v. Bank of America N.A., et al., No. 15-cv-01548-BLF, N.D. Calif.; 2016 U.S. Dist. LEXIS 99774).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 29 affirmed the dismissal of claims for violation of California's unfair competition (UCL) in relation to a contract for the supply of polysilicon based on forum non conveniens (Adema Technologies Inc., et al. v. Wacker Chemical Corp., et al., No. 14-16618, 9th Cir.; 2016 U.S. App. LEXIS 13742).
FORT LAUDERDALE, Fla. - After finding that a bank's obligation to respond to a borrower's qualified written request (QWR) was never triggered under the Real Estate Settlement Procedures Act (RESPA), a Florida federal judge on July 29 granted its motion to dismiss for failure to state a claim (Ricardo Basora v. MPMorgan Chase Bank, N.A., No. 16-civ-60999, S.D. Fla.; 2016 U.S. Dist. LEXIS 99635).
SEATTLE - The Ninth U.S. Circuit Court of Appeals on July 27 affirmed a district court's award of damages to the owner of a commercial property that was sold to a bank, with the exception of a portion that was granted to a bank in a bankruptcy settlement, finding that a retailer breached the underlying agreement by building another store within a restricted area (Cabela's Wholesale Inc. v. Hawks Prairie Investment LLC, No. 14-35157, 9th Cir.; 2016 U.S. App. LEXIS 13683).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 26 affirmed the dismissal of a foreclosure-related action, finding that the district court lacked jurisdiction and that the defendants failed to timely serve a loan-servicing company with their third-party complaint (U.S. Bank National Association v. Cheryle A. Collins-Fuller T., et al., No. 15-2415, 7th Cir.; 2016 U.S. App. LEXIS 13551).
NEW YORK - A New York federal judge on July 25 granted a loan-servicing company's motion to dismiss claims for violation of the Truth in Lending Act (TILA), finding that the servicer provided adequate notice of a transfer of the mortgage to another servicer (Weston Wright, et al. v. Green Tree Servicing LLC, No. 1:14-cv-08493, S.D. N.Y.; 2016 U.S. Dist. LEXIS 96767).
SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No. 16-01363, N.D. Calif.; 2016 U.S. Dist. LEXIS 96784).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 22 affirmed a district court's decision to dismiss a claim for violation of the Truth in Lending Act (TILA) as barred by a statute of limitations because equitable tolling did not apply (Mark McQuinn, et al. v. Bank of America, N.A., as successor to in interest to Countrywide Home Loans Inc., et al., No. 14-56038, 9th Cir.; 2016 U.S. App. LEXIS 13434).
PHILADELPHIA - After finding that a borrower's claims for violation of the Homeowners Protection Act (HPA) were not preempted and that she sufficiently pleaded her claims for breach of contract and unjust enrichment in relation to her private mortgage insurance (PMI), a Pennsylvania federal judge on July 20 denied a loan servicer's motion to dismiss the complaint (Sue Song, on behalf of herself and all others similarly situated v. Nationstar Mortgage Holdings Inc., No. 16-006, E.D. Pa.; 2016 U.S. Dist. LEXIS 94362).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 15 affirmed a district court's decision to decertify a class of claimants that asserted a claim for breach of contract against lenders in relation to alleged late fees, finding that it had the authority to decertify the class after a jury verdict and that the plaintiffs failed to meet federal requirements for certifying a class (Joseph Mazzei, et al. v. The Money Store, et al., No. 15-2054, 2nd Cir.; 2016 2016 U.S. App. LEXIS 12994).
SACRAMENTO, Calif. - A California federal magistrate judge on July 14 dismissed claims asserted by a borrower against a loan servicer but granted him leave to amend his claim for violation of the Real Estate Settlement Procedures Act (RESPA) and to pursue a claim under California's unfair competition law (UCL) (Frank Malifrando v. Real Time Resolutions Inc., et. al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).
NEW YORK - A New York federal judge on July 12 held that a directors and officers liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit but refused to grant summary judgment to the primary D&O insurer on a breach of contract claim involving the advancement of underlying defense costs (Beazley Insurance Co. Inc. v. ACE American Insurance Co., et al., No. 15-5119, S.D. N.Y.; 2016 U.S. Dist. LEXIS 90332).
CHICAGO - An Illinois federal judge on July 11 denied a motion by Santander Consumer USA Inc. to dismiss the Fair Debt Collection Practices Act (FDCPA) claim in a class suit accusing it of hounding debtors by phone and then charging them excessive fees for payments made over the phone or online (Cheryl Johnson-Morris, et al. v. Santander Consumer USA, Inc., No. 16-1456, N.D. Ill.; 2016 U.S. Dist. LEXIS 89081).
COLUMBUS, Ohio - An Ohio federal judge on July 12 found that a property owner's claims for violation of the Truth in Lending Act (TILA) and other causes of action in relation to a foreclosure case were barred by res judicata (A. Jubal Harris v. US Bank National Association, et al., No. 2:15-CV-2981, S.D. Ohio; 2016 U.S. Dist. LEXIS 90206).
ATLANTA - A unanimous Georgia Supreme Court on July 8 reversed an appellate panel's decision finding that a bank's arbitration clause, which only permits an individual depositor to reject arbitration on his or her own behalf, prevents a class representative from suing on behalf of class members (Bickerstaff v. SunTrust Bank, No. S15G1295, Ga. Sup.; 2016 Ga. LEXIS 469).
LAS VEGAS - A Nevada federal judge on July 6 granted a loan servicer's motion to dismiss claims filed by property owners in relation to a loan modification, finding that allegations related to foreclosure documentation failed to state a claim under Nevada law (Judith Beebe, et al. v. New Penn Financial, LLC, d/b/a Shellpoint Mortgage Servicing, No. 2:15-CV-2164, D. Nev.; 2016 U.S. Dist. LEXIS 87324).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 30 affirmed a trial court's decision to grant summary judgment in favor of a bank, finding that the bank had standing to foreclose and that claims asserted by borrowers had previously been litigated (Andrzej Madura, et al. v. BAC Home Loans Servicing LP, f.k.a. Countrywide Home Loans Servicing LP, et al., No. 15-10090, 11th Cir.; 2016 U.S. App. LEXIS 12048).