ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 8 found that a member of a class action lacked standing to appeal a district court's final approval of a $25,750,000 settlement of claims asserted against a bank in relation to fees it automatically charged for property inspections (Edward Huyer, et al. v. Rhadiante Van de Voorde, No. 16-1694, 8th Cir., 2017 U.S. App. LEXIS 2290).
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 31 affirmed a bankruptcy court's finding that a mortgage company's statutory duty to respond to a request under the Real Estate Settlement Procedures Act (RESPA) was never triggered (Barry F. Mack v. Rescap Borrower Claim Trust, No. 16-304, 2nd Cir., 2017 U.S. App. LEXIS 1683).
SACRAMENTO, Calif. - A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).
NEW YORK - A federal bankruptcy judge in New York on Jan. 31 held that errors and omissions insurers violated the Barton doctrine by filing proceedings against MF Global Holdings Ltd. (MFGH) in Bermuda without obtaining leave from the bankruptcy court (In re: Mf Global Holdings Ltd., et al., Chapter 11, No. 11-15059, S.D. N.Y. Bkcy., 2017 Bankr. LEXIS 251).
SAN FRANCISCO - A California federal judge on Jan. 30 denied a request for a preliminary injunction barring foreclosure of a property, finding that the owners of the house failed to show that they would likely succeed on the merits of the case (Stephen J. Millman, et al. v. Wilmington Savings Fund Society FSB, et al., No. 16-cv-07402, N.D. Calif., 2017 U.S. Dist. LEXIS 12593).
INDIANAPOLIS - Because a financial institution insured's damages arose from improper overdraft charges and the fees that depositors incurred, they are excluded from coverage under its professional liability insurance policy, an Indiana federal judge ruled Jan. 26 (BancorpSouth Inc. v. Federal Insurance Co., No. 16-01871, S. D. Ind., 2017 U.S. Dist. LEXIS 10817).
LOS ANGELES - A California federal judge on Jan. 24 granted a borrower's motion to remand his lawsuit in which he asserted numerous causes of action against a lender related to the denial of a loan modification, finding that the court lacked jurisdiction (David L. Tripp II v. Nationstar Mortgage LLC, No. 8:16-cv-1414, C.D. Calif.; 2017 U.S. Dist. LEXIS 9922).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 23 affirmed a district court's decision in favor of CitiMortgage Inc., finding that the court did not err when it accepted the lender's calculation of what the balance on the loan was (Michael A. Maldonado v. CitiMortgage Inc., No. 16-20541, 5th Cir.; 2017 U.S. App. LEXIS 1144).
NEW YORK - A New York federal judge on Jan. 24 granted a property owner leave to amend his complaint against various lenders in which he asserts causes of action related to the transfer of his mortgage, finding that the court could not yet adjudicate a pending motion to dismiss the case (Johnny IM v. Bayview Loan Servicing LLC, et al., No. 16-CV-634, S.D. N.Y.; 2017 U.S. Dist. LEXIS 9744).
SAN DIEGO - A California appeals court on Jan. 20 affirmed a trial court's decision to award a mortgage company fees it incurred and an award of sanctions but reversed a ruling that the trial court lacked jurisdiction to strike her voluntary dismissal and enter judgment against her (Gwendolyn Wilson v. Nationstar Mortgage LLC, No. D070965, Calif. App., 4th Dist., Div. 1; 2017 Cal. App. Unpub. LEXIS 431).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 20 affirmed a district court's decision to dismiss a borrower's compulsory counterclaim of foreclosure, finding that a foreclosure case is not "logically related" to a claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Christine Marais v. JPMorgan Chase Bank, N.A., No. 16-3323, 6th Cir.; 2017 U.S. App. LEXIS 1095).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 19 found that a lower federal court properly applied California law in finding that a bank insured breached its professional liability insurance policy by failing to request or obtain the insurer's written consent before executing a settlement in an underlying mortgage loan dispute (OneWest Bank, FSB, v. Houston Casualty Co., No. 15-55579, 9th Cir.; 2017 U.S. App. LEXIS 993).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 18 reversed a decision granting judgment for the Federal National Mortgage Association (Fannie Mae) on claims related to a property foreclosure, finding that the sue-and-be-sued clause in a federal charter does not expressly confer jurisdiction on federal courts (Crystal Monique Lightfoot, et al. v. Cendant Mortgage Corporation, et al., No. 14-1055, U.S. Sup.; 2017 U.S. LEXIS 785).
WASHINGTON, D.C. - Deutsche Bank AG and its current and former subsidiaries and affiliates and ACE Securities Corp. will pay $7.2 billion in civil penalties and relief to homeowners and others to settle claims that it misrepresented investors regarding the investment quality of residential mortgage-backed securities (RMBS) between 2006 and 2007, the U.S. Department of Justice announced on Jan. 17.
CHICAGO - An Illinois federal judge on Jan. 17 granted a mortgage company's motion to dismiss foreclosure-related claims asserted by a former property owner, finding that the case was barred by a state court action (Fred Freeman v. Long Beach Mortgage Co., et al., No. 16-cv-4272, N.D. Ill.; 2017 2017 U.S. Dist. LEXIS 5943).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 12 affirmed a district court's decision to dismiss causes of action related to the assignment of a mortgage against a bank and a mortgage company, finding that the case was barred by 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 ) (Marieliz Monclova v. U.S. Bank NA, As trustee, on behalf of the holders of the CSMC Mortgage-Backed pass-through certificates series 2007-I, et al., No. 16-3677, 3rd Cir.; 2017 U.S. App. LEXIS 597).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 11 affirmed a lower court's ruling that a directors and officers liability insurance policy's "insured vs. insured" exclusion bars coverage for an underlying share dispute brought against a closely held corporation and two members of its board of directors by a former board member and her two daughters (Jerry's Enterprises, Inc. v. U.S. Specialty Insurance Co., No. 15-3324, 8th Cir.; 2017 U.S. App. LEXIS 475).
SAN FRANCISCO - After finding that two borrowers failed to adequately plead their claims for violation of California's unfair competition law (UCL) and negligence, a California federal judge on Jan. 10 granted a motion to dismiss filed by Wells Fargo Bank N.A. (Michelle A. Graham, et al. v. Wells Fargo Bank, N.A., No. 3:15-cv-04220. N.D. Calif.; 2017 U.S. Dist. LEXIS 3598).
SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).
CLEVELAND - An Ohio federal judge on Jan. 5 granted a mortgage company's motion to dismiss claims for violation of the Truth in Lending Act (TILA) and other claims related to a foreclosure, finding that the claims were barred by a ruling in a state court case (Kariem Hasan v. Citimortgage Inc., No. 1:16cv2311, N.D. Ohio; 2017 U.S. Dist. LEXIS 1471).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 4 affirmed a district court's ruling in favor of a lender, finding that a property owner failed to allege any facts to support a finding that it breached any mortgage agreement with him or intentionally inflicted emotional distress (Ruben Martinez v. Capital One, N.A., No. 16-2753, 3rd Cir.; 2017 U.S. App. LEXIS 89).
SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).
NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 30 partially granted a property owner's request for production of documents in relation to his reverse mortgage but denied the motion as to his request regarding certain policies of the lender (Vincent Bartold v. Wells Fargo Bank, N.A., No. 14-cv-00865, D. Conn.; 2016 U.S. Dist. LEXIS 180216).
DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 28 affirmed a district court's dismissal of a claim for violation of the Fair Debt Collections Practices Act (FDCPA) against several mortgage entities as time-barred by a one-year statute of limitations and that an exception to a federal evidence rule did not apply (Elbert Kirby Jr., et al. v. David M. O'Dens, et al., Nos. 15-5107 and 16-5029, 10th Cir.; 2016 U.S. App. LEXIS 23339).
HOUSTON - A Texas federal judge on Dec. 30 found that a foreclosure-related case was barred by the doctrine of res judicata because the pleadings in the previous case were identical and already dismissed (Lester Anthony McPherson v. Bank of America, N.A., et al., No. 16-3498, S.D. Texas; 2016 U.S. Dist. LEXIS 180115).