The Court of Appeal of the State of California, Fourth Appellate District, recently reversed in part and affirmed in part a trial court’s judgment sustaining the defendant loan servicer's and loan owner's demurrer (motion to dismiss) based on res judicata.
Posts tagged as “Foreclosure”
9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar
9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order of summary judgment in favor of a loan servicer on claims arising from a non-judicial foreclosure sale conducted by a homeowners association on real property located in Las Vegas, Nevada.
The Appellate Court of Illinois, First District, recently reversed a trial court judgment in favor of a tenant and against a foreclosing lender under the Keep Chicago Renting Ordinance (KCRO).
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a homeowner-borrower’s action for wrongful foreclosure, violation of the Missouri Merchandising Practices Act (MMPA), and negligent misrepresentation against his mortgagee.
The California Court of Appeal, Second Appellate District, recently affirmed a trial court’s grant of summary judgment in favor of a mortgage servicer in a suit filed under the California Homeowner Bill of Rights seeking to enjoin foreclosure proceedings.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant homeowners association in an action brought by the plaintiff mortgagee seeking to set aside the foreclosure sale of real property in Nevada.
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.
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.
The Oregon Supreme Court recently held that a lien for delinquent condominium assessments has priority over a first mortgage or deed of trust, where the mortgagee fails to initiate a foreclosure action within the 90-day notice period prescribed by ORS § 100.450(7).
The Florida Supreme Court recently resolved a split in Florida law on the issue of attorney’s fees in favor of consumers, holding that debtors who prevail when a creditor sues under an account stated cause of action instead of for breach of the underlying credit card agreement are entitled to recover attorney’s fees under the so-called “reciprocity provision” of subsection 57.105(7), Florida Statutes.
The Appellate Court of Illinois, Second District, recently affirmed a trial court order dismissing a borrower's attempt to vacate a default foreclosure judgment as untimely because the borrower's first attempt to undo the foreclosure, which was withdrawn without prejudice, did not toll the time to file the petition within 60 days from the borrower's first appearance in the case.
In a per curiam ruling, the Supreme Court of Texas recently held that the holder of a deed of trust was entitled to foreclose through equitable subrogation, even after it had failed to timely foreclose on its deed of trust.