The Supreme Court of Texas recently set aside default judgment against a mortgage asset securitization trust after finding that its trustee had not been properly served as required by Section 17.028 of the Texas Civil Practice and Remedies Code.
Posts tagged as “Mortgage Law”
The U.S. Court of Appeals for the Fourth Circuit recently reversed a trial court's dismissal of one named plaintiff’s claims against a loan servicer in a putative class action but affirmed the dismissal of the other named plaintiff’s claims.
In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;
The U.S. Court of Appeals for the Fourth Circuit recently reversed the dismissal of a putative class action alleging that a mortgage servicer’s fee to borrowers who paid monthly mortgage bills online or by phone was illegal.
The Appellate Court of Illinois, Third District, recently upheld summary judgment in favor of a purchaser of delinquent real estate taxes in an action by a mortgagee for relief from a tax deed.
The Illinois Court of Appeals, First District, recently affirmed a trial court’s order granting a mortgagee’s motion to confirm judicial sale of a borrower’s property and denying the borrower’s motion to set aside and vacate the sale.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order dismissing a putative class action complaint and granting the defendant lender’s motion to compel arbitration pursuant to an arbitration agreement with the plaintiff loan officer.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a borrower’s complaint alleging that a fee charged by the servicer for a home inspection was a violation of the Illinois UDAP statute and a breach of the mortgage contract.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of several actions by a borrower against a mortgagee, and in so ruling also held that it did not have jurisdiction to review the lower court’s remand order, and that the borrower had waived his right to challenge an award of attorney fees and costs in connection with the remand.
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.
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).