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Posts published in “Mortgage Law”

Calif. App. Court (2d Dist) Holds Former Servicer, Trustee Entitled to Recover Attorneys’ Fees

The Court of Appeal for the Second District of California held that California’s fee shifting statue in California Civil Code § 1717 permitted a former loan servicer and foreclosure trustee to recover their attorneys’ fees authorized by the contract, even though the deed of trust…

Fla. Supreme Court Rules Borrower Entitled to Attorney’s Fees After Voluntary Dismissal of Foreclosure Appeal

Reversing a ruling by the Fourth District Court of Appeal, the Supreme Court of Florida recently held that a mortgagee’s voluntary dismissal of an appeal made the borrower the prevailing party entitled to recover appellate attorney’s fees because the mortgagee maintained its right to enforce…

 9th Cir. Holds State Contract Law SOL Applies to TILA Rescission Claims Following Timely Cancellation

The U.S. Court of Appeals for the Ninth Circuit recently held that Washington’s six-year statute of limitations governing contracts instead of the Truth in Lending Act’s one-year statute of limitations applies to claims to enforce rescission under TILA, after a notice of right to cancel…

Illinois Supreme Court Holds Mortgagee’s 2nd Action on Note After Foreclosure Barred by ‘Single Refiling Rule’

The Supreme Court of Illinois recently held that a bank’s suit for breach of a promissory note — a third attempt to collect from the same defendant borrowers based on the same default of the promissory note — was barred by Illinois’ ‘single refiling rule.’…

Calif. App. Court (4th DCA) Rules Servicer and Investor Did Not Violate HBOR

The Court of Appeals of California, Fourth District, recently affirmed summary judgment awarded in favor of the mortgage servicer and loan owner defendants on the borrowers’ claims for alleged violations of the California Homeowner Bill of Rights (HBOR), finding that the defendants properly contacted the…