CAMDEN, N.J. - Noting a jurisdictional divide, a New Jersey federal judge on April 8 ruled that he would follow Third Circuit of the U.S. Court of Appeals precedent and declined to dismiss a class complaint accusing a mortgage servicer of engaging in a force-placed insurance (FPI) scheme (Joseph Burroughs, et al. v. PHH Mortgage Corporation, No. 15-6122, D. N.J.; 2016 U.S. Dist. LEXIS 47475).
HOUSTON - A mortgagor had only three days, not 90 as he tried to argue, to vacate his foreclosed property, a Texas appellate panel ruled March 29, finding that a mortgagor cannot qualify as a bona fide tenant under the federal's Protecting Tenants at Foreclosure Act of 2009 (PTFA) (Mark F. Hanks v. The Huntington National Bank, No. 01-15-00188-CV, Texas App., 1st Dist.; 2016 Tex. App. LEXIS 3179).
SAN DIEGO - A California appeals panel on March 18 affirmed a ruling that a man who sued after being denied a loan modification did not state a valid claim under California's unfair competition law (UCL), Business and Professions Code Section 17200 (Jonah Mechanic v. Bank of America N.A., et al., No. D067080, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 2013).
DENVER - A Colorado federal judge on March 18 affirmed an award entered in a bankruptcy court for damages against a bank for its violation of an automatic stay by sending out letters containing statements of foreclosure to a homeowner in bankruptcy (In re: Brenda A. Ogden; PNC Bank N.A. v. Brenda A. Ogden, No. 15-01274, D. Colo.; 2016 U.S. Dist. LEXIS 35338).
SAN JOSE, Calif. - A California appeals court on March 18 found an appeal filed by a couple unhappy with their residential mortgage loan situation was not timely filed and fails to state a claim against one defendant (Erik Rueppel, et al. v. Bank of America N.A., et al., No. H040953, H041779, Calif. App., 6th Dist.; 2016 Cal. App. Unpub. LEXIS 1982).
LOS ANGELES - A woman's mere contention that she owns a defective heating system lacks sufficient specifics, a federal judge in California held March 17 in dismissing her unfair competition law (UCL), Business and Professions Code Section 17200, et seq., action for lack of standing (Joanna Park-Kim v. Daikin Industries Ltd., et al., No. 15-9523, C.D. Calif.; 2016 U.S. Dist. LEXIS 35565).
SAN FRANCISCO - The doctrine of res judicata precludes a homeowner's lawsuit against mortgage companies for alleged unfair deceptive practices with regard to a mortgage loan, a California federal judge ruled March 18 (Jon C. Amedee v. CitiMortgage, Inc., et al., No. 15-03356, N.D. Calif.; 2016 U.S. Dist. LEXIS 35548).
ATLANTA - A panel of the Georgia Court of Appeals on March 15 ruled that a trial court erred in dismissing a man's counterclaim to quiet title on his foreclosed property but affirmed a trial court ruling that denied him attorney fees (Michael A. Cronan v JP Morgan Chase, No. A15A1996, Ga. App.).
HARTFORD, Conn. - A Connecticut federal judge on March 14 denied a mortgagor's motion to dismiss in a foreclosure action on the basis that letters of rescission allegedly sent by the mortgagor to the bank were untimely under the Truth in Lending Act (Bank of New York Mellon v. Keyin Worth, No. 13-1489, D. Conn.; 2016 U.S. Dist. LEXIS 32218).
WARREN, Ohio - An Ohio appeals court on March 14 reversed a trial court's judgment degree in foreclosure case because the note and mortgage attached to the mortgage company's affidavit were not certified or authenticated (Green Tree Servicing LLC v. Russell L. Luce, et al., No. 2015-A-0022, Ohio App., 11th App. Dist.; 2016 Ohio App. LEXIS 914).
SAN FRANCISCO - A health exchange company's officer's opinions regarding their financial health after passage of the Patient Protection and Affordable Care Act (ACA) and forward-looking statements with adequate warnings do not support class action claims under securities law, a federal judge in California held March 14 (Jeffrey West v. eHealth Inc., et al., No. 15-360, N.D. Calif.; 2016 U.S. Dist. LEXIS 33429).
CHARLESTON, W.Va. - A West Virginia federal judge on March 11 granted a motion to remand a class complaint alleging mortgage mismanagement, finding that the lender failed to show that the suit met the Class Action Fairness Act (CAFA) requirements (Lowell E. Lanham, et al. v. Nationstar Mortgage, LLC, No. 15-6358, S.D. W.Va.; 2016 U.S. Dist. LEXIS 31392).
TAMPA, Fla. - Although a Florida federal judge expressed his doubts as to the ultimate success of a borrower's complaint against her lender under the Real Estate Settlement Procedures Act (RESPA), he found in a March 9 ruling that, as pleaded, her complaint has facial plausibility that allowed it to mostly survive the lender's motion to dismiss (Matilde Amarchand v. CitiMortgage Inc., No. 8:15-cv-02051, M.D. Fla.; 2016 U.S. Dist. LEXIS 30463).
BOSTON - A Massachusetts federal magistrate judge on March 9 determined that a company that purchased a home through a foreclosure is entitled to an entry of judgment for approximately $6,500, which represents the amount of the deficiency stemming from the foreclosure (Rosario Klevisha v. Provident Funding Associates L.P., et al., No. 15-10629, D. Mass.; 2016 U.S. Dist. LEXIS 30137).
FORT WORTH, Texas - A Texas federal judge on March 8 granted a motion to dismiss a case filed by mortgage borrowers who allege that their request for a loan modification was not acted upon, finding that the borrowers failed to show harm (Ryan L. Reed, et al. v. JPMorgan Chase Bank, National Association, No. 16-17, N.D. Texas; 2016 U.S. Dist. LEXIS 29776).
NEW YORK - A trial judge did not err in allowing a lawyer to testify about his meeting with a plaintiff regarding signatures for mortgage loan documents, the Second Circuit U.S. Court of Appeals ruled March 8, affirming a verdict in favor of mortgage companies on a fraud claim (Linda D. Crawford v. Tribeca Lending Corp., et al., No. 15-1403, 2nd Cir.; 2016 U.S. App. LEXIS 4305).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 2 affirmed a lower federal court's dismissal of breach of contract, bad faith and detrimental reliance claims in a dispute over whether an agreement between The City of New Orleans and a municipal bonds insurer obligated the insurer to retain its credit worthiness (New Orleans City v. Ambac Assurance Corp., et al., No. 15-30532, 5th Cir.; 2016 U.S. App. LEXIS 3960).
BALTIMORE - A Maryland federal judge on March 2 partially granted a motion filed by a loan servicer to dismiss claims asserted by a property owner in relation to her mortgage, allowing her to amend her claims for violation of the Maryland Consumer Debt Collections Act (MCDCA) and the Real Estate Settlement Procedures Act (RESPA) (Chineme C. Aghazu v. Severn Savings Bank, FSB, et al., No. 15-1529, D. Md.; 2016 U.S. Dist. LEXIS 25685).
ATLANTA - The 11th Circuit U.S. Court of Appeals on March 1 found that a lender was not required to provide a payback balance for a mortgage under the Truth in Lending Act (TILA) and affirmed dismissal of a borrower's claims against it (Steve Evanto v. Federal National Mortgage Association, No. 15-11450, 11th Cir.; 2016 U.S. App. LEXIS 3767).
GREENBELT, Md. - A Maryland federal judge on Feb. 26 granted motions filed by several lenders and a law firm to dismiss claims asserted against them in relation to a foreclosure case, finding that the property owners lacked standing and failed to state a claim (Ben A. Lewis, et al. v. Caliber Home Loans Inc., et al., No. 15-1331, D. Md.; 2016 U.S. Dist. LEXIS 24277).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 26 affirmed a district court's dismissal of a former property owner's claims for breach of contract, violation of Texas law and other claims, finding that a bank properly foreclosed on her property (Zaida Villarreal v. Wells Fargo Bank, N.A., No. 15-40243, 5th Cir.; 2016 U.S. App. LEXIS 3481).
SAN FRANCISCO - After finding no evidence to support an estate's claims for violation of California's unfair competition law (UCL), breach of contract and declaratory relief, the Ninth Circuit U.S. Court of Appeals on Feb. 25 affirmed a district court's decision to grant a motion to dismiss the case (Robert Chandler, as representative of the estate of Rosemary S. Chandler, individually and on behalf of all others similarly situated, v. Wells Fargo Bank, N.A., et al., No. 14-15069, 9th Cir.; 2016 U.S. App. LEXIS 3375).
SAN FRANCISCO - After finding that property owners' right to rescind their mortgage under the Truth in Lending Act (TILA) had expired, a California federal judge on Feb. 25 granted a bank's motion to dismiss the case (David Curry, et al. v. Wells Fargo Home Mortgage, No. 16-cv-00013, N.D. Calif.; 2016 U.S. Dist. LEXIS 23357).
BOSTON - The Mortgage Electronic Registration Systems Inc. (MERS) on Feb. 24 announced that a Massachusetts appeals court has dismissed a borrower's claims related to a foreclosure, finding that the complaint contained only conclusory statements that were unsupported by the facts (Angelina M. Hall v. Nationstar Mortgage LLC, No. 15-P-282, Mass. App.).
PITTSBURGH - A Pennsylvania federal judge on Feb. 22 granted a lender's motion to dismiss state and federal law claims asserted against it, finding no evidence to show that it was attempting to foreclose on an underlying mortgage that it does not own (Mark DeHaven v. Planet Home Lending LLC, et al., No. 2:15-cv-380, W.D. Pa.; 2016 U.S. Dist. LEXIS 21404).