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 “Mortgage Law”
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 U.S. Court of Appeals for the Second Circuit recently held that a borrower had Article III standing to sue in federal court for statutory damages from a mortgagee for its alleged violations of New York’s mortgage satisfaction recording statutes.
The U.S. Court of Appeals for the Eleventh Circuit recently concluded that summary judgment was improper on a group of relators' False Claims Act claim because genuine issues of material fact remained as to whether a lender’s alleged false certifications were material.
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 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.
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 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.
Lenders who purchase mortgage loans after a prior lender loses the note face significant challenges to foreclosing under the commonly accepted practice in Massachusetts. Harmonizing existing Massachusetts Supreme Court precedent with the state UCC may offer a solution.
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.