HARTFORD, Conn. - A Connecticut federal judge on Feb. 28 dismissed breach of contract, unjust enrichment, conversion and declaratory judgment claims against a directors and officers liability insurer, finding that the insured's failure to provide the insurer with timely notice of an underlying claim negated coverage (J. Graham Zahoruiko v. Federal Insurance Co., et al., No. 15-474, D. Conn., 2017 U.S. Dist. LEXIS 28204).
CHICAGO - An Illinois federal judge on Feb. 28 partially granted a loan servicer's motion to dismiss a claim for violation of Illinois state law in relation to certain damages that it determined were not calculable, but found that her claims for violation of the Fair Debt Collection Practices Act (FDCPA) could proceed (Teresa Bruner v. AllianceOne Receivables Management Inc., No. 15-9726, N.D. Ill., 2017 U.S. Dist. LEXIS 27573).
TAMPA, Fla. - After finding that a complaint filed by borrowers in relation to the foreclosure of their property lacked claims with sufficient clarity, a Florida federal judge on Feb. 28 dismissed the complaint as a "shotgun pleading" (Lilia Mesa, et al. v. Kajaine Fund III, LLC, et al., No. 8:17-cv-450, M.D. Fla., 2017 U.S. Dist. LEXIS 27743).
TULSA, Okla. - An Oklahoma federal judge on Feb. 24 granted a bank's motion to dismiss claims for fraud and conspiracy asserted by a former property owner against it, finding that the claims were barred by a foreclosure judgment issued in favor of the lender (William Keith Lemay v. Wells Fargo Bank, N.A., et al., No. 16-CV-749, N.D. Okla., 2017 U.S. Dist. LEXIS 26042).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 23 affirmed a district court's dismissal of claims asserted against lenders in relation to a foreclosure, finding that a former property owner's complaint failed to state a claim (Cindy Dupre v. Mount West Financial Inc., et al., No. 14-56263, 9th Cir., 2017 U.S. App. LEXIS 3292).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 24 affirmed a federal judge's decision to dismiss a borrower's claims for violation of the Truth in Lending Act (TILA) as barred by a previous bankruptcy case in which the claims against various lenders were already resolved (Jacqueline Warner v. CMG Mortgage Inc., et al., No. 15-17505, 9th Cir., 2017 U.S. App. LEXIS 3415).
BALTIMORE - A Maryland federal judge on Feb. 17 found that coverage for an underlying lawsuit alleging that an insured was negligent in the provision of settlement services for the sale of a home is barred by a professional liability insurance policy's exclusion for "insufficiency in the amount of the proceeds" (Resource Real Estate Services, LLC v. Evanston Insurance Co., No. 16-168, D. Md., 2017 U.S. Dist. LEXIS 22920).
TAMPA, Fla. - A Florida federal judge on Feb. 21 denied a motion filed by 30 property owners to remand their claims related to a bank's denial of their requests for loan modifications, finding that the amount in controversy exceeds $75,000 (Abelardo Alonso, et al. v. Bank of America, N.A., No. 8:17-cv-238, M.D. Fla., 2017 U.S. Dist. LEXIS 23580).
SAN FRANCISCO - A California appellate panel on Feb. 17 affirmed a ruling in favor of various lenders, finding that property owners failed to show that they had standing to challenge a foreclosure under a pooling and services agreement (Hanneke C. Gary R. Lohse, v. Nationstar Mortgage LLC, et al., No. A142814, Calif. App., 1st App., Div. 4, 2017 Cal. App. Unpub LEXIS 1210).
CINCINNATI - After finding that a former marketing director's claims for coverage against a medical review company were completely preempted by the Employee Retirement Income Security Act, the Sixth Circuit U.S. Court of Appeals on Feb. 17 affirmed dismissal of the claims and found that a previous lawsuit filed against a plan administrator was the proper recourse (James Hackney v. Allmed Healthcare Management Inc., No. 16-5651, 6th Cir., 2017 U.S. App. LEXIS 2877).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 16 affirmed a district court's dismissal of claims for violation of the False Claims Act (FCA) against a bank, finding that a borrower failed to show that it was involved in a scheme that resulted in the submission of false claims (United States, ex rel., Lynn E. Szymoniak, et al. v. American Home Mortgage Servicing Inc., et al., No. 15-1720, 4th Cir., 2017 U.S. App. LEXIS 2742).
BOSTON - A Massachusetts federal judge on Feb. 15 granted a motion filed by a loan servicer and a bank to dismiss the second amended complaint filed by a property owner, who alleged that she was denied a loan modification because she is a minority home owner, finding that she failed to sufficiently plead her claims (Januris Hernandez De Leon v. Ocwen Loan Servicing, No. 16-cv-10402, D. Mass., 2017 U.S. Dist. LEXIS 21264).
RALEIGH, N.C. - Excluding a securities investment adviser's testimony because he is not qualified as an expert on mortgage lending practices and policies, a North Carolina federal judge ruled Feb. 14 that genuine issues of fact exist concerning negligence, breach of fiduciary duty and bad faith claims against a bank to survive summary judgment (Paul B. Hetzel v. JPMorgan Chase Bank, N.A., No. 13-236, E.D. N.C., 2017 U.S. Dist. LEXIS 20293).
SACRAMENTO, Calif. - After finding that claims asserted by borrowers whose property was sold at a trustee's sale even though they allegedly received assurances from lenders that the loan was current were sufficiently pleaded, a California federal judge on Feb. 14 denied a lender's motion to dismiss the case (Charles Hawkins, et al. v. Bank of America N.A., et al., No. 2:16-cv-00827, E.D. Calif., 2017 U.S. Dist. LEXIS 20912).
CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).
FORT LAUDERDALE, Fla. - A Florida federal judge on Feb. 6 dismissed claims for negligence and violation of the Real Estate Settlement Procedures Act (RESPA) against a bank in relation to a request for information but allowed a claim for violation of Florida consumer collection law to proceed (Loris B. Ranger, et al. v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company, No. 15-62511, S.D. Fla., 2017 U.S. Dist. LEXIS 17148).
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).