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…
Read More »Bank of New York Mellon v. Watt, 14-cv-02051 (April 22, 2015 D.Or.), is an appeal from a Bankruptcy Court order confirming a Chapter 13 plan that included a non-standard provision proposing to both surrender the property _and_ to vest title to the Debtor’s vacation home in the name of mortgagee…
Read More »The residential home sellers in Bushman v. Am. Title Co. of Washtenaw, No. 14-CV-10011, (E.D. Mich. Apr. 2, 2015) brought a class action against various title insurance companies and title agencies alleging the defendants defrauded them and violated the Michigan Consumer Protection Act (MCPA) when they charged and collected real…
Read More »The Plaintiff-debtor in Kaymark v. Bank of Am., N.A., 783 F.3d 168 (3d Cir. Apr. 7, 2015) filed a class action against his lender and its foreclosure attorneys alleging, inter alia, violations of §§ 1692e(2)(A), (5), (10), and 1692f(1) of the FDCPA because the foreclosure complaint sought attorneys’ fees which…
Read More »Sullivan v. Glenn, No. 14-3213 (7th Cir. Apr. 2, 2015) presented two questions of bankruptcy law: whether, if a debt is the result of fraud, the debtor can discharge the debt in bankruptcy if he was not complicit in the fraud; and whether he can discharge the debt even if…
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