Press "Enter" to skip to content

Posts published in July 2017

6th Cir. BAP Holds BK Court Lacked Jurisdiction to Void Mortgage Lien Signed Before but Recorded During Bankruptcy

The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit recently held that the bankruptcy court lacked subject matter jurisdiction under the Rooker-Feldman doctrine to void the foreclosure of a mortgage lien that was executed by the debtors before bankruptcy, but…

8th Cir. Affirms Ruling in Favor of Servicers Due to Plaintiffs’ Misrepresentations in Loan Mod Application

The U.S. Court of Appeals for the Eighth Circuit recently affirmed summary judgment against a former husband borrower and his ex-wife on their claims under the Missouri Merchandising Practices Act (MMPA) and for tortious interference with contract. In so ruling, the Court held that the…

7th Cir. Rules Depositing Named Plaintiff’s Full Monetary Relief With Trial Court Did Not Moot Putative Class Action

The U.S. Court of Appeals for the Seventh Circuit recently concluded that a putative class representative’s unaccepted deposit of payment with the trial court under Fed. R. Civ. P. 67 by the defendant does not moot the representative’s individual claim or disqualify him from serving…

8th Cir. Holds Borrower’s Post-Foreclosure Modification Allegations Not Time-Barred

The U.S. Court of Appeals for the Eighth Circuit recently reversed the dismissal of a borrower’s lawsuit against his mortgagee for failing to restore his title after a non-judicial foreclosure and subsequent execution of a loan modification agreement, holding that the borrower’s claims were not…

2nd Cir. Rejects FACTA ‘Credit Card Expiration Date’ Claim, Citing Spokeo and Joining with 7th Cir.

The U.S. Court of Appeals for the Second Circuit recently joined the Seventh Circuit in holding that printing a credit card expiration date on an otherwise properly redacted receipt does not constitute an injury in fact sufficient to establish Article III standing to bring a…

9th Cir. Holds Bankruptcy Cram-Down Valuations to Use ‘Replacement Value’ Not ‘Foreclosure Value’

The U.S. Court of Appeals for the Ninth Circuit recently held that for cram-down valuations, 11 U.S.C. § 506(a)(1) requires the use of “replacement value” based upon the adoption of the replacement value standard in Associates Commercial Corp. v. Rash, 520 U.S. 953, 956 (1997).…

9th Cir. Bankruptcy Panel Affirms Dismissal of ‘Wrongful Securitization’ Allegations

The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of an adversary proceeding without leave to amend, holding that: (a) the debtors failed to state a claim for wrongful foreclosure under California law; (b) the debtors…