LexisNexis® Legal Newsroom
Mealey's Banking & Finance - 9th Circuit Finds Lender's Actions Did Not Cause Injury To Property Owners

SEATTLE - The Ninth Circuit U.S. Court of Appeals on Oct. 5 rejected an appeal of a court's decision to dismiss their claims against lenders under Washington law, finding that borrowers failed to show that any allegedly unfair actions committed by the lenders caused them to suffer an injury (Stephanie...

Mealey's Banking & Finance - Judge Awards Fair Housing Center $127,302 In Damages For Unfair Housing Practices

SEATTLE - After determining that a property owner and manager engaged in discriminatory housing practices, a Washington federal judge on Oct. 5 awarded a fair housing center $127,302 in actual and punitive damages (Fair Housing Center of Washington v. Breier-Scheetz Properties LLC, et al., No. 16-922...

Mealey's Banking & Finance - Federal Judge Dismisses RESPA Claim As Barred By State Court Ruling

CHICAGO - After finding that a borrower's claims related to his requests for a loan modification from a lender were barred by a previous state court foreclosure judgment, an Illinois federal judge on Oct. 10 dismissed his claim for violation of the Real Estate Settlement and Procedures Act (RESPA...

Mealey's Banking & Finance - 11th Circuit Finds No Existence Of Loan Modification, Affirms Dismissal

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court's dismissal of claims for discrimination and breach of contract asserted by a borrower in relation to an alleged loan modification, finding that a lender and loan servicer never offered a modification (Angela Molina...

Mealey's Banking & Finance - Judge Dismisses UCL Claim, But Rejects Health Insurer's ERISA Preemption Stance

SAN FRANCISCO - A substance abuse treatment center's three surviving claims involve a provider-insurer relationship outside ERISA's scope, but the provider's unfair competition law (UCL) claims seek relief available through other means and are not among the surviving causes of action, a federal...

Mealey's Banking & Finance - Judge Finds Borrowers Waived The Right To Seek A Jury Trial

ORLANDO, Fla. - A Florida federal judge on Oct. 13 granted a bank's motion to strike a claim for jury demand as to a claim for violation of federal housing law asserted by former homeowners, finding that the request was prohibited by a waiver in the loan documents (Julie O'Steen, et al. v. Wells...

Mealey's Banking & Finance - Federal Judge Dismisses UCL, Negligence Claims Against 360 Mortgage

SAN FRANCISCO - A California federal judge on Oct. 16 granted a loan servicer's motion to dismiss all of a borrower's claims against it for failure to state a claim but granted him leave to amend his claims for violation of California's unfair competition law (UCL) and negligence (Cristian...

Mealey's Banking & Finance - SEC Investigation Does Not Trigger Coverage For $3M In Legal Costs, Panel Affirms

DENVER - The 10th Circuit U.S. Court of Appeals on Oct. 17 affirmed a lower federal court's entry of summary judgment in favor of an insurer, rejecting the insured's argument that an investigation by the U.S. Securities and Exchange Commission is a claim under its directors and officers liability...

Mealey's Banking & Finance - Florida Federal Judge Finds Facts To Support RESPA, FDCPA Claims

JACKSONVILLE, Fla. - After finding that a borrower sufficiently pleaded facts to support her causes of action for violation of the Real Estate Settlement and Procedures Act (RESPA) and other claims against a loan servicer in relation to her mortgage, a Florida federal judge on Oct. 24 refused to dismiss...

Mealey's Banking & Finance - 7th Circuit Affirms Dismissal Of TILA Claim As Barred By Foreclosure

CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on Oct. 24 affirmed a decision to dismiss a borrower's claim for violation of the Truth in Lending Act (TILA) against a lender and loan servicer, finding that the case was barred by final foreclosure judgment issued by a state court ...

Mealey's Banking & Finance - Federal Judge Dismisses Complaint Against HSBC, Ocwen As Conclusory

SAN JOSE, Calif. - A California federal judge on Oct. 25 dismissed numerous claims asserted against a lender, trustee and loan servicer, including causes of action for violation of California's unfair competition law (UCL) and wrongful foreclosure, finding that the property was not foreclosed on...

Mealey's Banking & Finance - 9th Circuit Finds No Support For RESPA, FDCPA Claims Against Wells Fargo

SEATTLE - The Ninth Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court's decision to dismiss claims for violation of the Fair Debt Collection Practices Act (FDCPA) and the Real Estate Settlement Procedures Act (RESPA) asserted against a bank, finding that a borrower failed to show...

Mealey's Banking & Finance - Federal Judge Remands UCL, Negligence Claims Against Lender To California Court

SAN DIEGO - After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company's alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey...

Mealey's Banking & Finance - 6th Circuit Vacates Ruling Dismissing FDCPA Claim Against Loan Servicer

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Oct. 27 vacated a decision that found that a loan servicer was not a debt collector under the Fair Debt Collection Practices Act (FDCPA) and dismissed a borrower's claims against it, but affirmed dismissal of claims for fraud and violation of...

Mealey's Banking & Finance - Judge: Case Can Proceed On Whether Coverage Is Barred By Policy Exclusions

PHILADELPHIA - A Pennsylvania federal judge on Oct. 31 allowed an errors and omissions insurer's declaratory judgment lawsuit to proceed on whether coverage for underlying claims for federal antitrust violations are precluded by the policy's related claim and/or prior litigation exclusions (Allied...

Mealey's Banking & Finance - Judge Finds No Facts To Support Wrongful Foreclosure Action Against Wells Fargo

HOUSTON - A Texas federal judge on Nov. 1 granted a bank's motion to dismiss a property owner's claims for wrongful foreclosure, finding that no actual foreclosure of the property has occurred, rendering the claim insufficient (Parham Payrovi v. Wells Fargo Bank, N.A., No. 4:17-CV-02480, S.D...

Mealey's Banking & Finance - 6th Circuit Affirms Dismissal Of Claims Related To Foreclosure Notice

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Nov. 1 affirmed a district court's decision granting dismissal of foreclosure-related claims asserted by a borrower against a bank, finding that all of the claims were precluded by a final judgment issued in a previous related action (Robert...

Mealey's Banking & Finance - Judge Finds TILA Claim Under UCL Is Not A Basis For Jurisdiction, Remands

LOS ANGELES - Although part of a borrower's claim for violation of California's unfair competition law (UCL) asserted a violation of the Truth in Lending Act (TILA), a California federal judge on Nov. 1 found that removal by a group of mortgage-related entities was improper and remanded the case...

Mealey's Banking & Finance - 6th Circuit Finds Fannie Mae, Others Were Not Debt Collectors Under FDCPA

CHICAGO - A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 6 found that a borrower failed to show that lenders lacked standing to foreclose or that they qualified as debt collectors under the Fair Debt Collection Practices Act (FDCPA), affirming the dismissal of his complaint for failure to...

Mealey's Banking & Finance - Federal Judge Refuses To Grant Injunction Enjoining HSBC From Foreclosing

BOSTON - A Massachusetts federal judge on Nov. 3 refused to grant a borrower's request for an injunction enjoining a bank from foreclosing on his property pending his appeal of a ruling that dismissed his complaint, finding that it was unlikely that he would succeed on the merits (Harry M. Andrews...

Mealey's Banking & Finance - Supreme Court Refuses To Consider Whether Rooker-Feldman Barred FDCPA Claim

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 13 refused to grant certiorari in a case in which borrowers sought review of an appeals court's ruling to affirm the dismissal of their claim for violation of the Fair Debt Collection Practices Act (FDCPA) as barred by a foreclosure case in a state...

Mealey's Banking & Finance - Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

LOS ANGELES - After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy...

Mealey's Banking & Finance - Judge Finds Truth In Lending Act Section Applies To Untimely Claim For Relief

SEATTLE - Although borrowers filed their notice of an intent to rescind their loan under the Truth in Lending Act (TILA) within the required three-year statute of limitations, a Washington federal judge on Nov. 16 found that their claims for declaratory and injunctive relief and damages were all time...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA, FDCPA Claims Against CitiMortgage

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court's decision granting summary judgment for a mortgage lender, finding that a claim for violation of the Truth in Lending Act (TILA) asserted by borrowers was time-barred and that the lender was not a debt...

Mealey's Banking & Finance - Judge Dismisses UCL, HBOR Foreclosure Claims For Failure To Oppose

SAN DIEGO - After a borrower failed to respond to motions filed by lenders and loan servicers to dismiss claims related to an alleged wrongful foreclosure, a California federal judge on Nov. 20 dismissed his claims for violation of California's unfair competition law, negligence and other claims...