LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group Inc., et al., No. 16-2400, S.D. N.Y.; 2016 U.S. Dist. LEXIS 164682).

Mealey's Securities/D&O Liability - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group Inc., et al., No. 16-2400, S.D. N.Y.; 2016 U.S. Dist. LEXIS 164682).

Mealey's Banking & Finance - Judge Allows Part Of RESPA Claim Against Loan Servicer To Proceed

SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 29 partially granted a loan servicer's motion to dismiss claims for fraudulent misrepresentation but allowed part of a borrower's claim for violation of the Real Estate Settlement Procedures Act (RESPA) to proceed (Frank Malifrando v. Real Time Resolutions Inc., et al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 164497).

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and that his TILA claim was barred by a statute of limitations (Joseph A. Guerra v. Just Mortgage, Inc., et al., No. 13-16725, 9th Cir.; 2016 U.S. App. LEXIS 21108).

Mealey's Litigation Procedure - New York Attorney General: Trump University Will Pay $25M To Settle Fraud Claims

NEW YORK - New York Attorney General Eric T. Schneiderman on Nov. 18 announced that a $25 million settlement had been reached ending claims that Trump University - which was owned by President-elect Donald Trump and marketed itself as a university to train, educate and mentor entrepreneurs involved in real estate investing - was actually a sham and defrauded its students out of millions of dollars.

Mealey's Banking & Finance - Federal Judge Certifies Borrowers Class In Suit Alleging Mortgage Kickbacks

BALTIMORE - A Maryland federal judge on Nov. 8 certified a class of borrowers who allege that a title company violated the Real Estate Settlement Procedures Act (RESPA) by providing cash and other benefits to mortgage lenders in exchange for referrals (Edward J. and Vicki Fangman, et al. v. Genuine Title, LLC, et al., No. 14-81, D. Md.; 2016 U.S. Dist. LEXIS 154582).

Mealey's Litigation Procedure - Federal Judge Certifies Borrowers Class In Suit Alleging Mortgage Kickbacks

BALTIMORE - A Maryland federal judge on Nov. 8 certified a class of borrowers who allege that a title company violated the Real Estate Settlement Procedures Act (RESPA) by providing cash and other benefits to mortgage lenders in exchange for referrals (Edward J. and Vicki Fangman, et al. v. Genuine Title, LLC, et al., No. 14-81, D. Md.; 2016 U.S. Dist. LEXIS 154582).

Mealey's PI/Product Liability - Real Estate Property Managed Endorsement Rendered Policies Excess, Judge Rules

SACRAMENTO, Calif. - A California federal judge on Nov. 2 held that a Real Estate Property Managed endorsement rendered an insurer's policies excess with respect to an underlying personal injury claim, finding that the insurer has no duty to defend or indemnity its property manager insured (Atain Specialty Insurance Co. v. Sierra Pacific Management Co., et al., No. 14-00609, E.D. Calif.; 2016 U.S. Dist. LEXIS 152874).

Mealey's Insurance - Real Estate Property Managed Endorsement Rendered Policies Excess, Judge Rules

SACRAMENTO, Calif. - A California federal judge on Nov. 2 held that a Real Estate Property Managed endorsement rendered an insurer's policies excess with respect to an underlying personal injury claim, finding that the insurer has no duty to defend or indemnity its property manager insured (Atain Specialty Insurance Co. v. Sierra Pacific Management Co., et al., No. 14-00609, E.D. Calif.; 2016 U.S. Dist. LEXIS 152874).

Mealey's PI/Product Liability - Massachusetts Appeals Court Finds Evidence Did Not Support $1M Defects Verdict

BOSTON - A Massachusetts appeals panel on Oct. 25 ruled that evidence presented during a construction defects trial did not support a jury's finding that a couple was entitled to $1 million in damages and upheld a second judge's decision to hold a trial solely on damages allegedly resulting from misrepresentations of the builders and real estate agents (Kathryn Culley, et al. v. Authentic Traditions LLC, et al., No. 15-P-1020, Mass. App.; 2016 Mass. App. Unpub. 1029).

Mealey's Litigation Procedure - Judge Finds TILA And RESPA Did Not Apply To Commercial Loan

WASHINGTON, D.C. - A District of Columbia federal judge on Oct. 24 granted a motion for summary judgment finding that the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) did not apply to an underlying loan and remanded various causes of action to a state court for lack of jurisdiction (Anthony Floyd v. PNC Mortgage, a division of PNC Bank, N.A., et al., No. 14-2190, D. D.C.; 2016 U.S. Dist. LEXIS 146679).

Mealey's PI/Product Liability - Judge Refuses To Apply Judicial Estoppel Doctrine To Declaratory Judgment Suit

GULFPORT, Miss. - A federal judge in Mississippi on Sept. 15 denied a defendant company's motion for summary judgment in a suit seeking a declaration that the defendant is required to contribute to an arbitration award from a construction defects lawsuit, finding that the plaintiff is not judicially estopped from bringing suit because the present lawsuit differs from the earlier action (RDS Real Estate LLC v. Abrams Group Construction LLC, et al., No. 15-cv-361-LG-RHW, S.D. Miss.; 2016 U.S. Dist. LEXIS 125652).

Mealey's Banking & Finance - Judge Finds TILA And RESPA Claims Are Barred By Statutes Of Limitations

DETROIT - A Michigan federal judge on Sept. 8 dismissed a borrower's claims for violation of the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) as barred by statutes of limitations, denying her request for leave to amend (Joan Ball v. Federal National Mortgage Association, as Trustee for FannieMae Guaranteed Remic Pass-Through Certificates FannieMae Remic Trust 2004-W12, formerly known as Cendant Mortgage Corp., No. 16-11475, E.D. Mich.; 2016 U.S. Dist. LEXIS 121562).

Mealey's Banking & Finance - Judge Excludes Testimony On Loan Modification Application Process For Failure To Interpret

CONCORD, N.H. - Expert testimony on homeowners' loan modification application with mortgage lenders fails to offer interpretation of process outside of paraphrasing subsections of the Real Estate Settlement and Procedures Act (RESPA), a New Hampshire federal judge ruled Aug. 31, barring the testimony (Jason S. Dionne and Denise C. Dionne v. Federal National Mortgage Association and JPMorgan Chase Bank N.A., No. 15-056, D. N.H.; 2016 U.S. Dist. LEXIS 117352).

Mealey's Litigation Procedure - Judge Excludes Testimony On Loan Modification Application Process For Failure To Interpret

CONCORD, N.H. - Expert testimony on homeowners' loan modification application with mortgage lenders fails to offer interpretation of process outside of paraphrasing subsections of the Real Estate Settlement and Procedures Act (RESPA), a New Hampshire federal judge ruled Aug. 31, barring the testimony (Jason S. Dionne and Denise C. Dionne v. Federal National Mortgage Association and JPMorgan Chase Bank N.A., No. 15-056, D. N.H.; 2016 U.S. Dist. LEXIS 117352).

Mealey's Banking & Finance - Judge Dismisses RESPA Claim Regarding Borrower's Request For Information

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).

Mealey's IP/Tech - Louisiana Federal Judge: Area Of Use, Secondary Meaning Questions Preclude Ruling

BATON ROUGE, La. - A declaratory judgment plaintiff's request for summary judgment that it did not infringe the "Audobon" trademark when it adopted a nearly identical name was denied Aug. 22 by a Louisiana federal judge, who cited the existence of genuine issues of material fact that are yet to be resolved (Audubon Real Estate Associates LLC v. Audobon Realty LLC, No. 15-115, M.D. La.; 2016 U.S. Dist. LEXIS 111437).

Mealey's Banking & Finance - Judge Finds Chase's Obligation To Respond Under RESPA Was Not Triggered

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).

Mealey's IP/Tech - Federal Circuit: Online Loan-Processing Patents Are Ineligible Under Section 101

WASHINGTON, D.C. - A North Carolina federal judge erroneously denied the real estate website Zillow Inc. summary judgment on allegations that it infringed two patents directed to a process for coordinating loans on a loan-processing computer over the Internet, because both patents are directed to ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled July 26 (LendingTree LLC v. Zillow Inc., Nos. 14-1435, -1531, 15-1186, Fed. Cir.; 2016 U.S. App. LEXIS 13462).

Mealey's Banking & Finance - Judge Allows Borrower To Amend RESPA Claim Against Loan Servicer

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).

Mealey's Antitrust/Unfair Competition - Judge Allows Borrower To Amend RESPA Claim Against Loan Servicer

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).

Mealey's Banking & Finance - Federal Judge Allows RESPA Claim To Proceed Against Bank

NEWARK, N.J. - A New Jersey federal judge on June 28 refused to dismiss a borrower's claim against a bank for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to her request for a loan modification and reserved judgment on various state law claims pending the outcome of her request for an injunction (Edyta Rojecki v. Bank of America, N.A., et al., No. 15-8160, D. N.J.; 2016 U.S. Dist. LEXIS 83434).

Mealey's Litigation Procedure - Georgia High Court: Real Estate Appraisal Testimony Establishes Nuisance Injuries

ATLANTA - Homeowners presented sufficient real estate appraisal testimony to show that past discomfort and annoyance caused by a nuisance and the diminution in their property's market value constitute two separate injuries, the Georgia Supreme Court ruled June 6, finding that they may recover damages for both their injuries (Toyo Tire North America Manufacturing, Inc. v. Lynn Davis and Duron Davis, No. S15G1804, Ga. Sup.; 2016 Ga. LEXIS 402).

Mealey's Banking & Finance - Judge Finds Borrowers May Be Entitled To Damages Under TILA And RESPA

TROY, Mich. - A Michigan federal judge on May 31 granted a motion for judgment in favor of a bank on certain claims related to an alleged wrongful foreclosure, but allowed claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) to proceed (Charles J. Beard v. HSBC Mortgage Services, Inc., No. 1:15-CV-1232, W.D. Mich.; 2016 U.S. Dist. LEXIS 70489).

Mealey's Banking & Finance - 11th Circuit Reinstates RESPA Suit Over Mortgage Payment Increase

ATLANTA - The 11th Circuit U.S. Court of Appeals on May 12 reinstated a suit filed by a borrower against her mortgage servicer under the Real Estate Settlement Procedures Act (RESPA) after the borrower's loan payments were increased without an explanation (Margaret C. Renfroe v. Nationstar Mortgage, LLC, No. 15-10582, 11th Cir.; 2016 U.S. App. LEXIS 8707).