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Posts published in “Mortgage Banking Foreclosure Law”

Mortgage Banking Foreclosure Law

Maryland High Court Holds Unlawful Threat of ‘Self-Help Eviction’ Enough to Sue

The Maryland Court of Appeals, the highest court in the State, recently held that the plaintiffs owners and tenants of residential properties set forth a cause of action under Md. Code Real Prop. 7-113 against a mortgage servicer and real estate broker for supposedly posting eviction notices without first ascertaining the occupancy status, even though the notices did not cause the occupants to vacate the properties.

Illinois App. Court (2nd Dist) Upholds Commercial Judgment Enforcement Against Two Officers of Corporate Guarantors

The Appellate Court of Illinois, Second District, recently affirmed the trial court’s entry of judgment in favor of the plaintiff mortgagee in a commercial mortgage foreclosure case, and against two corporate officers of two corporate guarantors.

4th Cir. Upholds Class Cert in ‘Inflated Appraisal Tactics’ Lawsuit

The U.S. Court of Appeals for the Fourth Circuit recently affirmed in part and vacated and remanded in part a trial court’s grant of summary judgment in favor of plaintiffs who brought a class action suit alleging that the pressure tactics used by the defendants on home appraisers to raise the appraisal values on the plaintiffs’ homes constituted conspiracy, breach of contract and unconscionable inducement under the West Virginia Consumer Credit and Protection Act.

Ohio Supreme Court Rejects Borrower’s Writ of Mandamus and Prohibition Challenges to Foreclosure

The Supreme Court of Ohio recently affirmed the dismissal of a borrower’s complaint for a writ of mandamus and a writ of prohibition filed against the successor to trial court judges who presided over a foreclosure action in which judgment was entered against the borrower.

Calif. App. Court (2nd Dist) Holds Interest Payment Not Required on Escrowed Hazard Insurance Proceeds

The Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home.

11th Cir. Rejects Borrower’s Attempt to Use All Writs Act in Contested Foreclosure

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s petition seeking relief under the federal All Writs Act for purported violations of the automatic bankruptcy stay in continued foreclosure proceedings and purported violations of the borrower’s rights to remove the state court proceedings to the bankruptcy court.

8th Cir. Confirms Court Costs and Attorney’s Fees Not Sufficient for Actual Damages Under RESPA or MOSLA

The U.S. Eighth Circuit Court of Appeals recently upheld a trial court's summary judgment ruling against a borrower on a claim alleging a violation of the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA) due to his failure to prevail on his claims asserted under the federal Real Estate Settlement Procedures Act (RESPA) upon which the borrower's MOSLA claims were predicated.