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4th Circuit Finds That Despite Timeliness, Woman's Lending Law Claim Fails
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Feb. 28 held that while a woman exercised her right to rescind under the Truth in Lending Act (TILA) in a timely fashion, her...
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Judge Finds Disclosures Did Not Violate Truth In Lending Act
BOSTON - A federal judge in Massachusetts on March 20 awarded summary judgment to PNC Mortgage Corp. on a woman's claims that disclosures she received when closing on her mortgage loan were inadequate...
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Wells Fargo Awarded Summary Judgment In Lending Law Action
NEW YORK - A federal judge in New York on March 20 awarded summary judgment to Wells Fargo Bank, N.A., after finding that a woman cannot seek rescission from her mortgage loan for alleged violations of...
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Plaintiffs Can Pursue Consumer Fraud Claim Over Loan Modification Evaluation
CHICAGO - A Chicago man and his grandmother can pursue claims that CitiMortgage Inc. violated the Illinois Consumer Fraud Act (ICFA) by failing to adequately evaluate their request for a loan...
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Judge Allows Woman To Allege Damages From Forbearance Agreement
BOSTON - A federal judge in Massachusetts on March 25 allowed a woman to amend her lawsuit against Wells Fargo Bank N.A., doing business as America's Servicing Co., to allege damages she sustained as a...
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10th Circuit Affirms Dismissal Of Man's Quiet Title Action
DENVER - A federal judge in Utah did not err in finding that a man's quiet title action should be dismissed because the issues the homeowner raised were dealt with in an earlier lawsuit, a 10th Circuit...
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Couple's Claim That Bank, Law Firm Ran 'Foreclosure Churning Enterprise'...
DENVER - A federal judge in Colorado on March 25 dismissed the majority of a couple's lawsuit against Bank of America N.A. and a law firm the lender used to file notices of election for foreclosure...
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Ohio Judge Partially Strikes Class Claims In Suit Over Foreclosure Fees
CINCINNATI - An Ohio federal judge on March 8 partially struck a class complaint accusing a mortgage lender of overcharging customers foreclosure fees and ordered the selection of a new class...
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Judge Finds No Injury In Man's Securitized Loan Ownership Case
SANTA ANA, Calif. - A man's claim that his lender lacked interest in a securitized loan fails to allege sufficient injury under the California unfair competition law (UCL), a state appeals court held...
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4th Circuit Upholds Dismissal Of Unconscionability Claim Based On Preemption
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 25 affirmed a federal judge in West Virginia's finding that a woman's claim for unconscionability was preempted by the Home Owners'...
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Judge: Loan Assignees Cannot Be Held Liable Over Loan Origination
DETROIT - A federal judge in Michigan on March 26 dismissed a woman's lawsuit against the Federal Home Loan Mortgage Corp. (Freddie Mac) and Bank of America N.A. (BANA), finding that they cannot be...
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2nd Circuit Affirms Dismissal Of Good Faith, Consumer Claims In Borrower's Suit
BOSTON - A Massachusetts couple unhappy with the terms of two mortgages failed to show a lack of good faith and fair dealing prior to the loans being made, and their consumer law claims are barred by...
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Judge Dismisses Wells Fargo From Couple's Suit Over Mortgage Loan
CAMDEN, N.J. - A federal judge in New Jersey on March 25 dismissed Wells Fargo Bank N.A. from a couple's lawsuit accusing the lender of providing them with a mortgage loan it allegedly knew they could...
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5th Circuit Panel Affirms District Court Rulings In Mortgage Lending Suit
NEW ORLEANS - A federal district court did not err in ruling in favor of a number of defendants in a lawsuit filed by a mortgagee because, among other things, the plaintiff failed to bring her claims...
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5th Circuit Affirms Dismissal Of Couple's Debt Collection Suit
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 22 upheld the dismissal of a Texas couple's lawsuit over debt collection activities conducted by Deutsche Bank National Trust Co. and...
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Judge: Loan Modification Allegations Can't Support Competition Law Claims
LOS ANGELES - A couple fail to adequately plead that their lender's attempts to modify their mortgage constituted unlawful, unfair or fraudulent conduct under the California unfair competition law...
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Court: Lack Of Contact By Lender Supports Competition Law Claim
SAN JOSE, Calif. - A borrower adequately alleges injury in fact and inadequate notice prior to default, an appeals panel held Feb. 28 in allowing California unfair competition law (UCL) claims...
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Mississippi Appeals Court Affirms $1.17M Award For Insured In Wind Coverage Suit
JACKSON, Miss. - A Mississippi appeals court on March 26 affirmed a jury's $1.17 million award in favor of a hardware store insured in a Hurricane Katrina wind coverage dispute, further affirming a...
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10th Circuit: Tax Ruling Against Debtor Stands, Automatic Stay Not Violated
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 28 ruled that a tax court properly upheld tax deficiency rulings against a debtor and said that doing so did not violate the...
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10th Circuit Affirms Default Sanction In Trademark Dispute
DENVER - Finding "no fault" in a Utah federal judge's analysis of repeated discovery failures by a pro se trademark and copyright infringement litigant, the 10th Circuit U.S. Court of Appeals on March...
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