The mortgagee in United Central Bank v. KMWC 845, LLC, No. 14-1491 (7th Cir. Aug. 28, 2015) brought a mortgage foreclosure action in Wisconsin federal court to foreclose three mortgages on various Wisconsin properties. The first mortgage, encumbering four properties, originally had a choice of law provision selecting Wisconsin law,…
Read More »The sole issue raised in the debtor’s FDCPA complaint in Kostik v. ARS Nat. Servs., Inc., No. 3:14-CV-2466 (M.D. Pa. July 22, 2015) was whether the debt collector’s disclosure of Plaintiff’s account number embedded in a barcode constitutes a violation of section 1692f(8) of the FDCPA. The court sided with…
Read More »In City of Los Angeles v. Wells Fargo & Co., No. 213CV09007ODWRZX (C.D. Cal. July 17, 2015), the FHA’s statute of limitations limited the City of Los Angeles’ predatory lending claims under against Wells Fargo to two types: high-cost loans and FHA loans. The City’s claim under the FHA was…
Read More »The issue in Monterossa v. Superior Court of Sacramento County No. C077683 (Cal. Ct. App. June 12, 2015) was whether 2012 legislation entitling a prevailing borrower to attorney’s fees under legislation imposing limitations on nonjudicial foreclosures authorizes fees where the borrower obtained only a preliminary, rather than a permanent, injunction.…
Read More »In a recent First District decision a mortgagor of commercial rental property was nearly successful in arguing that the lender tortiously interfered with a lease he had with a tenant. Immediately following the filing of foreclosure action in Bank Financial FSB v. Brandwein, 2015 IL App (1st) 143956 (June 26,…
Read More »The Second District Court of Appeals in Florida in AS Lily LLC v. Morgan, No. 2D14-863, 2015 (Fla. Dist. Ct. App. May 8, 2015) reversed a trial court’s dismissal of a mortgage foreclosure action because the plaintiff bank was the proper party to sue and had adequately proven that it…
Read More »The mortgagee was granted summary judgment in Beukes v. GMAC Mortgage, LLC, No. 12-2146, (8th Cir. May 14, 2015) on the borrower’s TILA rescission claim on two grounds. First, the suit seeking to rescind the mortgage was time barred because it was brought more than three years from the date…
Read More »In re Pajian, 785 F.3d 1161 (7th Cir. May 11, 2015) is an appeal from a Bankruptcy Court order allowing a secured creditor’s proof of claim filed after the 90 day deadline imposed by Fed. R. Bankr. Proc. 3002(c) but before the Debtor’s plan was confirmed. The issue on appeal…
Read More »In Peterson v. Wells Fargo Bank, N.A., 236 Cal. App. 4th 844, 186 Cal. Rptr. 3d 842 (May 8, 2015) a Probate Court had issued an order distributing the property to decedent’s surviving spouse, subject to certain conditions. It ordered that the spouse may reside in the Property rent free…
Read More »The Chapter 13 Trustee in re Callas, No. 13 B 43900 (Bankr. N.D. Ill. Apr. 23, 2015) brought a motion against the estate to turn over alleged cash collateral proceeds to the secured lender. The proceeds came from the tenant, Veteran’s Administration (VA), who paid them to Debtor pre-petition. The…
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