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.
Posts published in “Mortgage Banking Foreclosure Law”
Mortgage Banking Foreclosure Law
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 Appellate Court of Illinois, Second District, recently affirmed the trial court’s entry of judgment in favor of the plaintiff mortgagee in a commercial mortgage foreclosure case, and against two corporate officers of two corporate guarantors.
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.
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 Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home.
The U.S. Court of Appeals for the Sixth Circuit recently denied an emergency motion to stay a trial court’s order ending the federal Centers for Disease Control and Prevention’s moratorium on residential evictions.