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Posts published in “Foreclosure”

2nd Cir. Confirms No Private Right of Action for FCRA ‘Direct Dispute’

The U.S. Court of Appeals for the Second Circuit recently held that two plaintiff consumers failed to state a claim under the Fair Credit Reporting Act (FCRA) because the plaintiffs did not allege that they reported the alleged errors to a consumer credit reporting agency or that any such agency notified them of the alleged errors; and there is no private right of action arising from a direct dispute of credit reporting with only the furnisher.

9th Cir. Holds Nevada Foreclosure Mediation Rules Provide Exclusive Means to Challenge Mediation

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of claims brought by borrowers on a residential mortgage loan alleging contractual and tortious breaches of the implied covenant of good faith and fair dealing against the loan’s owner, trustee and servicer for purported failure to adequately participate in the state’s foreclosure mediation program.

Illinois App. Court (1st Dist) Holds No Waiver of KCRO Rights When Tenant Accepted Untimely Lease Extension Offer

The Court of Appeals of Illinois, First District, recently held that the successful bidder at a foreclosure sale must "strictly comply" with the Keep Chicago Renting Ordinance and that the tenant’s acceptance of a mortgagee’s untimely lease extension offer did not waive her rights under the KCRO.

9th Cir. Holds Quiet Title Claims By GSEs Subject to 6-Year HERA Statute of Limitations

The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a "contract" claim with a six-year statute of limitations, and not a "tort" claim subject to a three-year statute of limitations.

9th Cir. Holds FDCPA Does Not Apply to Judicial Foreclosures If No Deficiency Sought

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment.

Illinois App. Court (2nd Dist) Rejects Post-Sale Challenge to Foreclosure Service of Process

The Appellate Court of Illinois, Second District, recently held that jurisdictional defects in service of process that did not affirmatively appear on the face of the foreclosure court record protected the rights of an innocent third-party foreclosure against the claims of the borrower.

Illinois App. Court (3rd Dist) Holds Factual Disputes About Mistakenly Released Mortgage Precluded Summary Judgment

The Appellate Court of Illinois, Third District recently reversed entry of summary judgment and subsequent post-foreclosure orders in favor of a mortgagee, after challenges by a non-borrower mortgagor concerning the mortgagee’s standing and existing obligations under the loan resulting from a “certificate of error” recorded by the original lender’s nominee to rescind and disavow a purportedly mistakenly-recorded release of the mortgage.

Calif. App. Court (1st Dist) Holds Homeowner’s Quiet Title Action Against Lienholder Was Not Time-Barred

The Court of Appeal of the State of California, First Appellate District, recently reversed entry of summary judgment in favor of a lienholder in an action to quiet title brought by homeowners that was rejected by the trial court as time-barred.