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.).
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).
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).
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).
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).
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).
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).
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).
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.).
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).
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).
IOWA CITY, Iowa - The Consumer Financial Protection Bureau on Aug. 12 found that Amerisave Mortgage Corp. and others violated the Truth In Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), ordering them to pay $20,892,234 in penalties (In re In the Matter of: Amerisave Mortgage Corporation; Novo Appraisal Management Corp. and Patrick Markert, No. 2014-CFPB-0010, U.S. Consumer Financial Protection Bureau).
RICHMOND, Va. - After finding that due to a group of class claimants' failure to move for judgment before a jury rendered a verdict in favor of a bank and real estate firm on their claims for violation of the Real Estate Settlement Procedures Act (RESPA), the Fourth Circuit U.S. Court of Appeals on Aug. 5 found that a trial court did not err when it refused to grant them a new trial (Denise Minter, et al. v. Wells Fargo Bank N.A., No. 13-2131, 4th Cir.; 2014 U.S. App. LEXIS 15041).
LOS ANGELES - A California appeals panel on Aug. 4 found that a lower court did not abuse its discretion in awarding $27,334 in sanctions against an attorney representing insureds in a breach of contract and bad faith lawsuit seeking coverage under a real estate agents and brokers errors and omissions insurance policy (1st American Warehouse Mortgage, Inc., et al v. Topa Insurance Co., et al., No. B246716, Calif. App., 2nd Dist., Div. 4; 2014 Cal. App. Unpub. LEXIS 5497).
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 18 affirmed a lower federal court"s ruling that an underlying complaint contained allegations of "real estate services" related to the sale of property and, therefore, were sufficient to trigger an insurer"s duty to defend under a real estate errors and omission insurance policy (Greenwich Insurance Co. v. Sharon Bankofier, et al., No. 13-35127, 9th Cir.; 2014 U.S. App. LEXIS 13770).
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 18 affirmed a lower federal court's ruling that an underlying complaint contained allegations of "real estate services" related to the sale of property and, therefore, were sufficient to trigger an insurer's duty to defend under a real estate errors and omission insurance policy (Greenwich Insurance Co. v. Sharon Bankofier, et al., No. 13-35127, 9th Cir.; 2014 U.S. App. LEXIS 13770).
MEMPHIS, Tenn. - A Tennessee federal judge on July 15 adopted a magistrate judge's report and recommendation, finding that a property owner could proceed against a bank solely on his claim under the Real Estate Settlement Procedure Act (RESPA) in relation to the foreclosure of his home (Rodney Griffin v. Bank of America, N.A., No. 2:14-cv-02335, W.D. Tenn.; 2014 U.S. Dist. LEXIS 95952).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 15 found that an excess commercial general liability insurer has a duty to defend its insured against underlying claims arising from a failed real estate project in Orlando, Fla., after the primary insurer wrongfully denied coverage, reversing and remanding a lower federal court's ruling in part (IMG Worldwide Inc., et al. v. Westchester Fire Insurance Co., Nos. 13-3832/13-3837, 6th Cir.).
NEW YORK - A boiler maker's challenges to product identification by a woman allegedly exposed to asbestos as a social worker and real estate agent goes to credibility and does not warrant judgment, a New York justice held in an opinion posted July 8 (Harriet Noble and Robert Berger v. A.O. Smith Water Products Co., et al., No 190074/13, N.Y. Sup., New York Co.).