LexisNexis® Legal Newsroom
Mealey's Banking & Finance - 11th Circuit Reverses Dismissal Of RESPA Claim Against Banks

ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 16 affirmed the dismissal of a property owner's complaint against a bank, but reversed the dismissal of his claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Steven Thomason v. One West Bank, et al., No. 13-11987, 11th Cir.; 2014 U.S. App. LEXIS 23565).

Mealey's Banking & Finance - Federal Judge Finds RESPA Claims Fail, Dismisses Case Against Bank

ST. LOUIS - After finding that a claimant failed to properly assert his cause of action against a bank for violation of the Real Estate Settlement Procedures Act (RESPA), a federal judge on Dec. 15 refused the plaintiff's request to proceed in forma pauperis and dismissed the case (Moreh J. Buchanan v. EMC Mortgage, et al., No. 4:14CV2002, E.D. Mo.; 2014 U.S. Dist. LEXIS 172583).

Mealey's Banking & Finance - 5th Circuit Affirms Dismissal Of RESPA Foreclosure-Related Claims

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's decision to grant summary judgment in favor of various banks in relation to the foreclosure of a property, finding that the property owner's claims for violation of the Real Estate Settlement Procedures Act (RESPA) and other claims should be dismissed (Charles Austin Whittier III, et al. v. OCWEN Loan Servicing LLC, et al., No. 13- 20639, 5th Cir.; 2014 U.S. App. LEXIS 22722).

Mealey's Banking & Finance - Federal Judge Finds RESPA Claims Against Serving Firm Can Proceed

DAYTON, Ohio - After finding irrelevant a servicing firm's argument that the Real Estate Settlement Procedures Act (RESPA) did not apply because property owners did not live in the property when the alleged violations occurred, an Ohio federal judge on Dec. 2 refused to dismiss the case (William Barrett, et al. v. Green Tree Servicing LLC, No. 3:14-cv-297, S.D. Ohio; 2014 2014 U.S. Dist. LEXIS 166948).

Mealey's Banking & Finance - Judge Adopts Report Recommending Dismissal Of Case Against U.S. Bank

BAY CITY, Mich. - A Michigan federal judge on Nov. 24 adopted a magistrate judge's report and recommendation that a property owner's lawsuit against a bank should be dismissed, finding that he lacked standing and that his claims for violation of the Truth in Lending Act (TILA) and Federal Real Estate Settlement Procedures Act (RESPA) were time-barred (Robert Vandell v. U.S. Bank N.A., No. 14-cv-11933, E.D. Mich.; 2014 U.S. Dist. LEXIS 163915).

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

BROOKLYN, N.Y. - After finding that property owners' claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) were time-barred, a New York federal judge on Nov. 7 granted a lender's motion to dismiss all of their claims against it (Anthony Papapietro, et al. v. Popular Mortgage Service Co., et al., No. 13-cv-2433, E.D. N.Y.; 2014 U.S. Dist. LEXIS 158482).

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

COLUMBUS, Ohio - An Ohio federal judge on Nov. 3 granted a lender's motion to dismiss claims against it for fraud and negligent servicing but allowed a property owner's claims for violation of the Real Estate Settlement Procedures Act (RESPA) to proceed (James J. McKay v. JPMorgan Chase Bank N.A., No. 2:14-cv-00512, S.D. Ohio; 2014 U.S. Dist. LEXIS 155426).

Mealey's Banking & Finance - 11th Circuit Finds Insufficient Facts To Support RESPA Claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 3 affirmed a district court's decision to dismiss claims asserted by property owners in relation to a bank's foreclosure of their home, finding that the owners failed to submit sufficient facts to support their claims for violation of the Real Estate Settlement Procedures Act (RESPA) (Barbara J. Lattimore, et al. v. Wells Fargo Bank, No. 14-12009, 11th Cir.; 2014 U.S. App. LEXIS 20955).

Mealey's Banking & Finance - Federal Judge Finds Property Owner Failed To Prove RESPA Claims

SAN JOSE, Calif. - After finding that a property owner lacked standing to bring certain claims for wrongful foreclosure and that his claim for violation of the Real Estate Settlement Procedures Act (RESPA) failed, a California federal judge on Oct. 31 granted a motion filed by various mortgage entities to dismiss the case (Son P. Dang v. Residential Credit Solutions Inc., et al., No. 14-02587, N.D. Calif.; 2014 U.S. Dist. LEXIS 154873).

Mealey's Antitrust/Unfair Competition - Real Estate Agent Group Sues Website For Fraud, Trade Secrets Violations

OAKLAND, Calif. - A members-only real estate agent organization filed a complaint against the operator of a popular real estate information website on Oct. 27, alleging that Zillow Inc. misappropriated its proprietary listings of upcoming listings and disseminated them to www.zillow.com users (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).

Mealey's Labor & Employment - 11th Circuit: LabCorp Manager Failed To Prove Retaliation, Breach Of Contract

ATLANTA - A clinical laboratory network manager who was fired after her involvement in a real estate website was discovered failed to prove claims of retaliatory termination or breach of contract, the 11th Circuit U.S. Court of Appeals ruled Oct. 14 (Melissa C. Butterworth v. Laboratory Corporation of America Holdings, No. 13-15021, 11th Cir.; 2014 U.S. App. LEXIS 19680).

Mealey's Insurance - Settlement Reached In Medicare, Medicaid False Claims Act Suit

PHILADELPHIA - A nationwide nursing home company will pay $38 million to resolve allegations made in a whistle-blower qui tam action that it provided inappropriate rehabilitation therapy to elderly patients in order to increase Medicare and Medicaid billings, according to a settlement agreement announced Oct. 9 by the U.S. Department of Justice (United States ex rel. Tracy L. Lovvorn v. Extendicare Real Estate Investment Trust, No. 10-1580, E.D. Pa.).

Mealey's Health Law - Settlement Reached In Medicare, Medicaid False Claims Act Suit

PHILADELPHIA - A nationwide nursing home company will pay $38 million to resolve allegations made in a whistle-blower qui tam action that it provided inappropriate rehabilitation therapy to elderly patients in order to increase Medicare and Medicaid billings, according to a settlement agreement announced Oct. 9 by the U.S. Department of Justice (United States ex rel. Tracy L. Lovvorn v. Extendicare Real Estate Investment Trust, No. 10-1580, E.D. Pa.).

Mealey's Banking & Finance - Federal Judge Allows Property Owners To Amend TILA And RESPA Claims

SAN FRANCISCO - On remand from the Ninth Circuit U.S. Court of Appeals, a California federal judge on Oct. 7 granted leave to amend numerous claims asserted by property owners, including claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Practices Act (RESPA) (David Merritt, et al. v. Countrywide Financial Corp., et al., No. 09-cv-01179, N.D. Calif.; 2014 U.S. Dist. LEXIS 142842).

Mealey's Banking & Finance - Federal Judge Remands Citigroup Foreclosure Case To Ohio Court

COLUMBUS, Ohio - After finding that homeowners failed to plead valid claims under the Home Owners' Loan Act (HOLA) and the Real Estate Procedures Act (RESPA), an Ohio federal judge on Sept. 23 granted a realty corporation's request to remand its foreclosure-related action to state court (Citigroup Global Markets Realty Corp. v. Ronald Brown, et al., No. 2:13-cv-1232, S.D. Ohio; 2014 U.S. Dist. LEXIS 133531).

Mealey's Banking & Finance - Judge Refuses To Abstain From Or Stay Ruling On Coverage Defense As To Exclusion

SPOKANE, Wash. - A Washington federal judge on Sept. 22 found no reason to abstain from or stay consideration of an insurer's coverage defense regarding a policy's specific incidents exclusion provision in a dispute over coverage for claims that the insured participated in a fraudulent real estate purchasing scheme (Evanston Insurance Co. v. Workland & Witherspoon, et al., No: 14-193, D. Wash.; 2014 U.S. Dist. LEXIS 132911).

Mealey's Banking & Finance - Judge: No Coverage For Claims That Insured Participated In Bank Fraud Scheme

CHICAGO - An Illinois federal judge ruled Sept. 23 that a real estate errors and omissions insurer has no duty to defend its insured against allegations that it actively participated in a scheme to defraud banks by intentionally preparing inflated appraisals (General Star National Insurance Co. v. Adams Valuation Corporation, et al., No. 14 C 1821, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 133223P).

Mealey's Insurance - Judge Refuses To Abstain From Or Stay Ruling On Coverage Defense As To Exclusion

SPOKANE, Wash. - A Washington federal judge on Sept. 22 found no reason to abstain from or stay consideration of an insurer's coverage defense regarding a policy's specific incidents exclusion provision in a dispute over coverage for claims that the insured participated in a fraudulent real estate purchasing scheme (Evanston Insurance Co. v. Workland & Witherspoon, et al., No: 14-193, D. Wash.; 2014 U.S. Dist. LEXIS 132911).

Mealey's Banking & Finance - Federal Judge Dismisses Homeowner's RESPA Claim Against PNC Entities

PHILADELPHIA - A Pennsylvania federal judge on Sept. 22 granted a bank's motion to dismiss a property owner's claims against it for violation of the Real Estate Settlement Procedures Act (RESPA) but allowed her claim for negligence to proceed (Jennifer Wright v. PNC Mortgage f/k/a National City Mortgage, et al., No. 14-2860, E.D. Pa.; 2014 U.S. Dist. LEXIS 132413).

Mealey's Insurance - Judge: No Coverage For Claims That Insured Participated In Bank Fraud Scheme

CHICAGO - An Illinois federal judge ruled Sept. 23 that a real estate errors and omissions insurer has no duty to defend its insured against allegations that it actively participated in a scheme to defraud banks by intentionally preparing inflated appraisals (General Star National Insurance Co. v. Adams Valuation Corporation, et al., No. 14 C 1821, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 133223P).

Mealey's Banking & Finance - Federal Judge Dismisses Homeowners' RESPA And RICO Claims

GREENBELT, Md. - A Maryland federal judge on Sept. 4 granted a motion to dismiss filed by Bank of America N.A. and others in relation to a property foreclosure, finding that the claimants failed to establish their claims for violations of the Real Estate Settlement Procedures Act (RESPA) and Racketeer Influenced and Corrupt Organizations Act (Gail B. Sparrow, et al. v. Bank of America N.A., et al., No. 14-0388, D. Md.; 2014 U.S. Dist. LEXIS 123011).

Mealey's Banking & Finance - Federal Judge Dismisses Wrongful Foreclosure And RESPA Claims Against Bank

ATLANTA - After finding that a homeowner's claims for violation of the Real Estate Settlement Procedures Act (RESPA) and wrongful foreclosure failed, a Georgia federal judge on Sept. 2 granted a bank's request to dismiss his complaint (Nicholas N. Johnson v. MidFirst Bank, No. 1:14-CV-0573, N.D. Ga.; 2014 U.S. Dist. LEXIS 121786).

Mealey's IP/Tech - 11th Circuit Affirms Dismissal Of Cybersquatting Claims

ATLANTA - A Florida federal judge did not err in dismissing, on three separate occasions, allegations that myriad defendants violated the Anticybersquatting Consumer Protection Act (ACPA) and Lanham Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 28 (Synergy Real Estate of SW Florida Inc. v. Premier Property Management of SW Florida LLC, et al., No. 13-15406, 11th Cir.).

Mealey's Banking & Finance - Federal Judge Allows Property Owner's TILA And RESPA Claims To Proceed

GREENBELT, Md. - A Maryland federal judge on Aug. 29 denied motions to dismiss and for summary judgment filed by various banks and mortgage entities in relation to the foreclosure of a property, finding that he sufficiently pleaded numerous claims, including causes of action for violations of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) (Ronald Cezair v. JP Morgan Chase Bank N.A., et al., No. 13-2928, D. Md.; 2014 U.S. Dist. LEXIS 120645).

Mealey's Banking & Finance - 1st Circuit Finds Federal Entities Are Exempt From Paying Real Estate Tax

BOSTON - After finding that the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corp. (Freddie Mac) and the Federal Housing Finance Agency (FHFA) are excused from paying state and local taxes, the First Circuit U.S. Court of Appeals on Aug. 27 affirmed decisions issued by two federal courts to dismiss actions filed by municipalities that sought unpaid real estate transfer taxes (Town of Johnston v. Federal Housing Finance Agency, et al., No. 13-2034, 1st Cir.; 2014 U.S. App. LEXIS 16576).