The Appellate Court of Illinois, Second District, recently reversed a trial court’s grant of a borrower’s motion to dismiss a mortgagee’s foreclosure complaint and the trial court’s denial of the mortgagee’s motion to reconsider.
Posts published in “Mortgage Banking Foreclosure Law”
Mortgage Banking Foreclosure Law
The Appellate Court of Illinois, Second District, recently affirmed a trial court's ruling denying a borrower’s motion to vacate the default judgment of foreclosure against him and confirming the judicial sale of the borrower’s property.
The Appellate Court of Illinois, First District, recently vacated a judgment of foreclosure entered against a homeowner borrower, concluding that the mortgagee failed to conduct a face-to-face meeting with her prior to initiating foreclosure proceedings, as required for mortgage loans insured by the Department of Housing and Urban Development (HUD).
The Appellate Court of Illinois, First District, recently affirmed a trial court’s dismissal with prejudice of a complaint from two borrowers alleging claims for among other things “wrongful foreclosure,” wrongful eviction, fraud, consumer fraud, false imprisonment, and a due process violation under 42 U.S.C. § 1983.
The U.S. Court of Appeals for the First Circuit recently affirmed a bankruptcy court’s grant of a debtor’s motion for summary judgment allowing the debtor to void a mortgage under the “strong arm” provision of the Bankruptcy Code.
The Illinois Appellate Court, First District, recently held that substitute service can be effected under the Illinois Code of Civil Procedure when the summons is left with an adult with a cognitive impairment.
The U.S. Court of Appeals for the Ninth Circuit, en banc, recently affirmed in part and reversed in part a trial court’s partial grant and partial denial of a bank’s motion to dismiss the City of Oakland’s claims under the federal Fair Housing Act.
The Maryland Court of Appeals – the state’s highest court – recently reversed a trial court’s dismissal of a putative class action alleging that a mortgage servicer and loan owner violated the Maryland Usury Law and Maryland Consumer Debt Collection Act by charging property inspection fees in connection with residential mortgage loans.
The U.S. Court of Appeals for the Second Circuit recently vacated a trial court's grant of summary judgment to the plaintiff in an action to quiet title for a property subject to a mortgage. While the appeal was pending for this matter, an intervening ruling in the New York Court of Appeals undermined the reasoning of the trial court. Therefore, the Second Circuit vacated the trial court’s judgment and remanded the case for further proceedings.
The Appellate Court of Illinois, First District, recently affirmed a trial court’s order appointing a receiver as to a mixed-use property in foreclosure, because the foreclosing mortgagee established a reasonable probability that it would prevail in a final hearing and the defendant mortgagors failed to show good cause as to why a receiver should not be appointed.
The California Court of Appeal, Fourth Appellate District, recently held that a trial court erred in ruling that several borrowers' claims were precluded by a prior unlawful detainer judgment entered against them following the foreclosure sale of their home.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower's bankruptcy, and against a mortgagee whose interest in the foreclosed property would have been extinguished.