LexisNexis® Legal Newsroom
Mealey's Banking & Finance - Federal Judge Finds RESPA And HOEPA Claims Are Time-Barred

NEWARK, N.J. - A New Jersey federal judge on May 12 granted a motion to dismiss numerous claims asserted by a borrower attempting to avoid foreclosure, finding that his claims for violation of the Real Estate Settlement Procedures Act (RESPA) and the Home Ownership Equity Protection Act (HOEPA) were time-barred and that he failed to state a claim to support his other allegations (Benjamin Coleman v. Deutsche Bank National Trust Company, et al., No. 15-1080, D. N.J.; 2015 U.S. Dist. LEXIS 61875).

Mealey's Insurance - Judge: Insured Had Subjective Knowledge Of Facts Giving Rise To Claim; No Coverage

BALTIMORE - A Maryland federal judge ruled May 7 that a professional liability insurer did not wrongfully deny coverage for a real estate developer's professional negligence claim against an architect insured (McDowell Building LLC v. Zurich American Insurance Co., No. 12-2876, D. Md.; 2015 U.S. Dist. LEXIS 60350).

Mealey's Banking & Finance - Judge Finds RESPA Claim Can Proceed, Grants Partial Dismissal

DETROIT - A Michigan federal judge on April 22 granted a motion filed by lenders to dismiss borrowers' claims for breach of contract and other claims, but found that their claims for violation of Real Estate Settlement Procedures Act (RESPA) can proceed (Martin White Jr. et al. v. Wells Fargo Bank, N.A., AS, et al., No. 2:14-cv-12506, E.D. Mich.; 2015 U.S. Dist. LEXIS 52642).

Mealey's Insurance - Georgia High Court: Insured Cannot Pursue Bad Faith Action Against Excess Insurer

ATLANTA - The Georgia Supreme Court on April 20 found that a real estate investment trust insured cannot pursue a bad faith action against an excess insurer because the excess insurer did not consent to a $4.9 million securities class action settlement and the insured failed to satisfy the contractually agreed upon condition precedent to coverage (Piedmont Office Realty Trust, Inc., f/k/a Wells Real Estate Investment Trust, Inc. v. XL Specialty Insurance Company, No. S15Q0418, Ga. Sup.; 2015 Ga. LEXIS 247).

Mealey's Banking & Finance - Judge Finds TILA And RESPA Claims Are Time- Barred, Allows Amendments

FRESNO, Calif. - A California appeals court on April 14 dismissed numerous claims asserted by a property owner in relation to a default on her loan, including claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA) as time-barred (Judy Burden v. California Reconveance Company, et al., No. 1:15-cv-00314, E.D. Calif.; 2015 U.S. Dist. LEXIS 49111).

Mealey's Insurance - Judge Denies Summary Judgment In Dispute Between Developer, Architect's Insurer

BALTIMORE - A Maryland federal judge on April 13 denied dueling summary judgment motions in a coverage dispute between a real estate developer and its architect's professional liability insurer, finding that fact issues preclude summary judgment rulings (McDowell Building LLC v. Zurich American Insurance Co., No. 12-2876, D. Md.; 2015 U.S. Dist. LEXIS 47904).

Mealey's Antitrust/Unfair Competition - Real Estate Listing Service's Trade Secrets Suit Against Zillow Mostly Dismissed

OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).

Mealey's IP/Tech - Real Estate Listing Service's Trade Secrets Suit Against Zillow Mostly Dismissed

OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Dismisses RESPA And Negligence Claim Against Chase

HOUSTON - After finding that borrowers failed to state a plausible claim for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to a loan modification, a Texas federal judge on April 13 granted a bank's motion to dismiss the case against it (Juan M. Avila, et al. v. JP Morgan Chase Bank N.A., No. 14-3502, S.D. Texas; 2015 U.S. Dist. LEXIS 47944).

Mealey's Securities/D&O Liability - Application Exclusion Bars Professional Liability Coverage, California Panel Says

LOS ANGELES - A California appeals panel on April 10 affirmed a lower court's ruling that a professional liability insurance policy's application exclusion precludes coverage for claims made against a securities broker-dealer insured involving an alleged real estate investment Ponzi scheme, finding that three undisclosed claims should have been disclosed to the insurer during the application process because they arose out of the same events as the one disclosed claim (Crown Capital Securities L.P. v. Endurance American Specialty Insurance, No. B256241, Calif. App., 2nd Dist., Div. 5.; 2015 Cal. App. LEXIS 305).

Mealey's Insurance - Application Exclusion Bars Professional Liability Coverage, California Panel Says

LOS ANGELES - A California appeals panel on April 10 affirmed a lower court's ruling that a professional liability insurance policy's application exclusion precludes coverage for claims made against a securities broker-dealer insured involving an alleged real estate investment Ponzi scheme, finding that three undisclosed claims should have been disclosed to the insurer during the application process because they arose out of the same events as the one disclosed claim (Crown Capital Securities L.P. v. Endurance American Specialty Insurance, No. B256241, Calif. App., 2nd Dist., Div. 5.; 2015 Cal. App. LEXIS 305).

Mealey's Banking & Finance - Federal Judge Refuses To Dismiss RESPA And FCRA Claims

MIAMI - A Florida federal judge on April 8 dismissed certain claims filed by a borrower against a mortgage company but allowed her claims for violation of the Fair Credit Reporting Act (FCRA) and the Real Estate Settlement Procedures Act (RESPA) to proceed (Gayle Helman v. Udren Law Office, P.C., No. 14-CV-60808, S.D. Fla.; 2015 U.S. Dist. LEXIS 45922).

Mealey's Banking & Finance - Panel: Insurer Has No Duty To Defend 'Perpetrators' Of 'Mortgage Loan Fraud'

SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al., v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).

Mealey's Insurance - Panel: Insurer Has No Duty To Defend 'Perpetrators' Of 'Mortgage Loan Fraud'

SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al. v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).

Mealey's Insurance - $3.3M Default Judgment Unenforceable Against Insurer, 9th Circuit Affirms

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 31 affirmed a lower court's finding that because claimants gained their right to sue a real estate errors and omissions liability insurer through an assignment in a fraudulent settlement agreement with the insured, a $3.3 million default judgment is unenforceable against the insurer (Ron Carlson, et al. v. Century Surety Co., Nos. 12-15964 and 12-16153, 9th Cir.; 2015 U.S. App. LEXIS 5180).

Mealey's Banking & Finance - Federal Judge Allows Plaintiffs To Reclassify TILA Claim Against Bank

CLEVELAND - An Ohio federal judge on March 27 granted a bank's motion to dismiss certain claims against it but granted a request by homeowners to file an amended complaint to reclassify their claim for violation of the Truth in Lending Act (TILA) as a claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Douglas Belknap, et al. v. Bank of America Corp., No. 1:14-cv-1540, N.D. Ohio; 2015 U.S. Dist. LEXIS 39296).

Mealey's Banking & Finance - Federal Judge Dismisses TILA And RESPA Claims As Time-Barred

WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a motion to dismiss claims asserted against various banks, finding that a property owner's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) were time-barred (Harold J. Taylor v. Wells Fargo Bank N.A., et al., No. 14-617, D. D.C.; 2015 U.S Dist. LEXIS 37127).

Mealey's Banking & Finance - Judge Finds Borrower Did Not Send Qualified Written Request Under RESPA

RICHMOND, Va. - A Virginia federal judge on March 18 found that a borrower failed to show that a loan-servicing company violated the Real Estate Settlement Procedures Act (RESPA), granting summary judgment dismissing the claim (Rodney Peters v. Bank of America, N.A., et al., No. 3:14-cv-513, E.D. Va.; 2015 U.S. Dist. LEXIS 33690).

Mealey's Banking & Finance - Federal Judge Finds TILA And RESPA Claims Time-Barred

LAS VEGAS - A Nevada federal judge on March 16 granted a motion to dismiss claims asserted by a borrower in relation to the foreclosure of her property, finding that her claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) were time-barred (Mafe Rabino v. Asset Foreclosure Services Inc., et al., No. 2:14-cv-00735, D. Nev.; 2015 U.S. Dist. LEXIS 32594).

Mealey's Banking & Finance - Federal Judge Grants Judgment For Capital One, Dismisses RESPA Claim

SEATTLE - After finding that the Real Estate Settlement Procedures Act (RESPA) did not apply to a borrower's mortgage loan, a Washington federal judge on March 12 granted a bank's motion for summary judgment on the claim (Candice Warren v. Capital One, N.A., No. 14-0656, W.D. Wash.; 2015 U.S. Dist. LEXIS 30731).

Mealey's Banking & Finance - MBA Announces Release Of New Resource Guide On TILA And RESPA

WASHINGTON, D.C. - The Mortgage Bankers Association (MBA) on March 13 announced the release of the Truth in Lending Act and Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure (TRID) Resource Guide.

Mealey's Banking & Finance - Federal Judge Allows RESPA And FDCPA Claims To Proceed

CHICAGO - An Illinois federal judge on March 5 partially granted a motion to dismiss filed by a bank and servicing firm, allowing a home owner's claims for violation of the Fair Debt Collection Practices Act (FDCPA) and the Real Estate Settlement Procedures Act (RESPA) to proceed (Regina L. Banks v. Green Tree Servicing LLC, et al., No. 14-cv-2825, N.D. Ill.; 2015 U.S. Dist. LEXIS 27172).

Mealey's Banking & Finance - 11th Circuit Finds Borrower Had Standing, Affirms Dismissal Of RESPA claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 27 reversed a decision that a borrower lacked standing to bring claims against a title company and law firm but affirmed dismissal of her claims for violation of the Real Estate Settlement Procedures Act (RESPA) (Patricia L. Clements v. LSI Title Agency Inc., et al., No. 14-11636, 11th Cir.; 2015 U.S. App. LEXIS 3144).

Mealey's Litigation Procedure - Texas Court Affirms Judgment For Real Estate Firm In Condo Mold Action

DALLAS - A Texas appeals court on Feb. 27 affirmed a trial court's decision grating summary judgment in favor of a real estate firm in relation to a condominium owner's claims that her unit contained mold, finding that it did not err in refusing her additional time for discovery (Michelle Manatou v. Ebby Halliday Real Estate Inc., No. 05-13-01035, Texas App., 5th Dist.; 2015 Tex. App. LEXIS 1942).

Mealey's Toxic Tort/Environmental - Texas Court Affirms Judgment For Real Estate Firm In Condo Mold Action

DALLAS - A Texas appeals court on Feb. 27 affirmed a trial court's decision grating summary judgment in favor of a real estate firm in relation to a condominium owner's claims that her unit contained mold, finding that it did not err in refusing her additional time for discovery (Michelle Manatou v. Ebby Halliday Real Estate Inc., No. 05-13-01035, Texas App., 5th Dist.; 2015 Tex. App. LEXIS 1942).