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Posts tagged as “Mortgage Law”

Illinois App. Court (1st Dist) Rejects Appraiser’s Claim Against Lender for De-Listing Him and Notifying AMCs

The Court of Appeals of the State of Illinois, First District, recently affirmed a summary judgment ruling in favor of a mortgage lender on an appraiser’s claims of intentional interference with a business relationship arising from the lender barring the appraiser from working on its loans and notifying various appraisal management companies of this decision.

Texas Supreme Court Vacates Default Against Mortgage Asset Trustee, Clarifies Rules for Service on Financial Fiduciaries

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.

Nevada Supreme Court Holds Challenges to HOA Liens Subject to 4-Year SOL, Which May Not Be Triggered by HOA Sale

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;

Illinois App. Court (1st Dist) Affirms Denial of Borrower’s Evidentiary Challenge to Foreclosure Sale

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.

9th Cir. Reverses Dismissal of Loan Officer’s Putative Class Claims Pursuant to Arbitration Agreement

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.

7th Cir. Rejects Borrower’s Attempt to Appeal Remand Order and Related Fee Award

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.

Illinois App. Court (2nd Dist) Holds Successive Foreclosures Not Necessarily Barred by Dismissal of Prior Actions

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.