The U.S. Court of Appeals for the Eighth Circuit recently held that the language of a future advances clause entitled the foreclosing mortgagee to the surplus proceeds of a condominium sale where there was an outstanding balance owed to same mortgagee on separate business loans extended to a different co-mortgagor.
Posts tagged as “Mortgage Law”
The U.S. Court of Appeals for the Fifth Circuit recently reversed a trial court’s judgment in favor of a mortgage servicer ruling that the servicer had violated its obligations under a Trial Period Plan in connection with a proposed loan modification when the servicer failed to offer a permanent loan modification after the borrower made payments in compliance with the “grace period” provisions of the TPP.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s dismissal of a consumer’s complaint against a mortgage servicer brought under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
The Supreme Court of Ohio recently rejected the latest in a series of appeals and other challenges by a borrower to the validity of a judgment of foreclosure entered against the borrower.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s grant of summary judgment in favor of a mortgage lender in a consumer’s action.
The Appellate Court of Illinois, Second District, recently affirmed a trial court’s order denying a borrower’s motions to vacate a foreclosure judgment and for leave to file an untimely answer and counterclaims, and the subsequent motion to reconsider, finding the trial court’s decision did not result in substantial injustice.
The U.S. Court of Appeals for the Sixth Circuit recently vacated a trial court's injunction granted to enforce various noncompete, non-solicitation, and confidentiality provisions in a mortgage lender's employment agreement with a loan officer.
The Supreme Court of Illinois recently rejected two borrowers’ efforts to use a supposed defect in service of process to void a foreclosure judgment entered against them.
The U.S. Court of Appeals for the Fourth Circuit recently held that the "no fair ground of doubt" standard established by the Supreme Court of the United States in Taggart v. Lorenzen, a case involving alleged violation of a Chapter 7 discharge order, governed civil contempt proceedings for violation of a confirmed reorganization plan under Chapter 11.
The U.S. Court of Appeals for the First Circuit recently held that the federal Farm Credit Act does not require a lender to propose a restructuring plan of its own before pursuing foreclosure remedies.
The Supreme Court of California recently upheld the dismissal of negligence claims brought by a borrower in relation to a mortgage servicer’s handling of the borrower’s loan modification application.
The U.S. Court of Appeals for the Eleventh Circuit recently vacated a trial court’s ruling granting summary judgment in favor of a mortgage servicer and against the federal Consumer Financial Protection Bureau (“CFPB”) based on res judicata.