LexisNexis® Legal Newsroom
Mealey's Banking & Finance - 3rd Circuit Finds Capital One Did Not Misrepresent Loan

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 4 affirmed a district court's ruling in favor of a lender, finding that a property owner failed to allege any facts to support a finding that it breached any mortgage agreement with him or intentionally inflicted emotional distress (Ruben...

Mealey's Banking & Finance - 3rd Circuit Finds Claims Against U.S. Bank Are Barred By Foreclosure Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 12 affirmed a district court's decision to dismiss causes of action related to the assignment of a mortgage against a bank and a mortgage company, finding that the case was barred by the doctrine established in Rooker v. Fidelity Trust...

Mealey's Banking & Finance - High Court Finds Clause Did Not Confer Federal Jurisdiction For Fannie Mae

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 18 reversed a decision granting judgment for the Federal National Mortgage Association (Fannie Mae) on claims related to a property foreclosure, finding that the sue-and-be-sued clause in a federal charter does not expressly confer jurisdiction on federal...

Mealey's Banking & Finance - 6th Circuit Finds RESPA And Foreclosure Claims Are Not Related

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 20 affirmed a district court's decision to dismiss a borrower's compulsory counterclaim of foreclosure, finding that a foreclosure case is not "logically related" to a claim for violation of the Real Estate Settlement Procedures...

Mealey's Banking & Finance - Court Reverses Order Striking Voluntary Dismissal, Affirms Award Of Fees

SAN DIEGO - A California appeals court on Jan. 20 affirmed a trial court's decision to award a mortgage company fees it incurred and an award of sanctions but reversed a ruling that the trial court lacked jurisdiction to strike her voluntary dismissal and enter judgment against her (Gwendolyn Wilson...

Mealey's Banking & Finance - 5th Circuit Finds Court Did Not Err In Calculating Loan Balance

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 23 affirmed a district court's decision in favor of CitiMortgage Inc., finding that the court did not err when it accepted the lender's calculation of what the balance on the loan was (Michael A. Maldonado v. CitiMortgage Inc., No...

Mealey's Banking & Finance - California Court Finds No Facts To Support Claims Stemming From Loan Assignments

SACRAMENTO, Calif. - A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew...

Mealey's Banking & Finance - 2nd Circuit Finds Duty Under RESPA Was Not Triggered, Affirms Ruling

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 31 affirmed a bankruptcy court's finding that a mortgage company's statutory duty to respond to a request under the Real Estate Settlement Procedures Act (RESPA) was never triggered (Barry F. Mack v. Rescap Borrower Claim Trust, No....

Mealey's Banking & Finance - 8th Circuit Finds Class Member Lacks Standing To Challenge $25.7M Settlement

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 8 found that a member of a class action lacked standing to appeal a district court's final approval of a $25,750,000 settlement of claims asserted against a bank in relation to fees it automatically charged for property inspections (Edward...

Mealey's Banking & Finance - 4th Circuit Affirms Dismissal Of False Claims Act Allegations Against Bank

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 16 affirmed a district court's dismissal of claims for violation of the False Claims Act (FCA) against a bank, finding that a borrower failed to show that it was involved in a scheme that resulted in the submission of false claims ...

Mealey's Banking & Finance - 6th Circuit Finds Disability Coverage Claims Preempted By ERISA

CINCINNATI - After finding that a former marketing director's claims for coverage against a medical review company were completely preempted by the Employee Retirement Income Security Act, the Sixth Circuit U.S. Court of Appeals on Feb. 17 affirmed dismissal of the claims and found that a previous...

Mealey's Banking & Finance - Court Finds Borrowers Have No Standing To Challenge Foreclosure

SAN FRANCISCO - A California appellate panel on Feb. 17 affirmed a ruling in favor of various lenders, finding that property owners failed to show that they had standing to challenge a foreclosure under a pooling and services agreement (Hanneke C. Gary R. Lohse, v. Nationstar Mortgage LLC, et al., No...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA Claim As Barred

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 24 affirmed a federal judge's decision to dismiss a borrower's claims for violation of the Truth in Lending Act (TILA) as barred by a previous bankruptcy case in which the claims against various lenders were already resolved (Jacqueline...

Mealey's Banking & Finance - 9th Circuit Finds Wrongful Foreclosure Case Was Properly Dismissed

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 23 affirmed a district court's dismissal of claims asserted against lenders in relation to a foreclosure, finding that a former property owner's complaint failed to state a claim (Cindy Dupre v. Mount West Financial Inc., et al...

Mealey's Banking & Finance - 11th Circuit Finds Lack Of Standing, Affirms Dismissal Of RESPA Claim

ATLANTA - The 11th Circuit U.S. Court of Appeals on March 1 affirmed a district court's decision to dismiss a borrower's claim for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to a written request for information, finding that he failed to show that he had standing...

Mealey's Banking & Finance - 3rd Circuit Finds Arguments For Reconsideration Of Dismissal Are Meritless

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 3 found that a district court did not err when it denied a motion for reconsideration, finding that the court properly dismissed the case after borrowers failed to timely file an amended complaint in relation to their claim for violation...

Mealey's Banking & Finance - 9th Circuit Finds Borrower Lacks Standing To Assert UCL Violation

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 6 affirmed dismissal of a homeowner's claims for violation of California's unfair competition law and other California law, finding that there was no private right of action available to him under the law or that loan servicers...

Mealey's Banking & Finance - 3rd Circuit Finds Chase Improperly Calculated Insurance Termination Date

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 9 affirmed a district court's order denying a bank's motion to dismiss claims for violation of the Homeowners' Protection Act, finding that the court did not err in finding that the bank violated the act when it relied on a broker's...

Mealey's Labor & Employment - Texas Federal Judge Denies Motion To Amend ERISA Complaint Against BP

HOUSTON - A Texas federal judge on March 8 denied a motion filed by participants and beneficiaries of BP entities' employee investment and savings plans covered by the Employee Retirement Income Security Act to file an amended complaint related to the Deepwater Horizon Gulf of Mexico oil spill that...

Mealey's Banking & Finance - 10th Circuit Finds TILA Rescission Claim Against Banks Was Not Properly Filed

DENVER- After finding that a property owner did not give written notice to rescind a mortgage under the Truth in Lending Act (TILA) within the required time period, the 10th Circuit U.S. Court of Appeals on March 13 affirmed the dismissal of his foreclosure-related claims asserted against two banks and...

Mealey's Banking & Finance - California Court Affirms Demurrer, Finds Borrowers Had No Interest In Property

SAN FRANCISCO - A California court on March 22 affirmed a trial court's decision to grant a demurrer filed by a mortgage company to a complaint filed by borrowers in relation to a foreclosure, finding that they did not allege sufficient facts to support their claim for violation of California's...

Mealey's Banking & Finance - 7th Circuit Finds RESPA, Other Claims Are Barred By State Court Ruling

CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 29 affirmed the dismissal of the majority of a borrower's claims against various lenders and their legal counsel for lack of jurisdiction, but modified the ruling to allow for dismissal without prejudice (Eric Mains v. Citibank, N.A., et...

Mealey's Banking & Finance - Court Affirms Dismissal Of Foreclosure-Related Claims Against Housing Agency

CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 31 found that a borrower's claims against a federal housing agency were barred by the Housing and Economic Recovery Act because the act provides a cause of action only to regulated entities (Jody Kimbrell v. Federal Housing Finance Agency...

Mealey's Banking & Finance - 2nd Circuit Finds Loan Servicer Gave Proper Notices Under TILA

NEW YORK - The Second Circuit U.S. Court of Appeals on April 3 affirmed the dismissal of a complaint filed by borrowers against a loan servicer, finding that the servicer properly notified them under the Truth in Lending Act (TILA) that the loan had been transferred (Weston Wright, et al. v. Green Tree...

Mealey's Banking & Finance - 5th Circuit Affirms Ruling For Lender, Finds Acceleration Was Abandoned

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 24 affirmed a trial court's ruling granting summary judgment in favor of a lender, finding that a notice of acceleration was abandoned, causing a statute of limitations to cease running (Livier Hernandez v. Select Portfolio Servicing...