The Supreme Court, Kings County, New York was admonished by a state appellate court in HSBC Bank USA, N.A. v. Taher, 104 A.D.3d 815 (N.Y. App. Div. March 2013) for dismissing a foreclosure, voiding the notice of pendency filed against the subject property and sanctioning the plaintiff $000 for filing…
Read More »In Berneike v. Citimortgage, 11-4210 (10th Cir., Feb. 25, 2013), the borrower alleged that she faxed 28 different letters to her loan servicer asserting incorrect billing and overcharges and then sent a second round of 58 different letters complaining of an account shortage and certain fees that appeared on her…
Read More »In Bangs v. Quality Loan Services Corp., of Washington, 6:12-CV-1543-AA (D. Or. Mar. 8, 2013), the Plaintiffs brought suit to enjoin a non-judicial foreclosure sale alleging that the loan servicer has not complied with Oregon’s foreclosure laws. They alleged that they obtained a loan from New Freedom Mortgage Corporation and…
Read More »Public Act 97-1164 (the Act) amended the Illinois Mortgage Foreclosure Law (IMFL) 735 ILCS 5/15-1101, et seq., by authorizing the plaintiff to seek an expedited judgment and sale if the real estate meets the definition of abandoned residential property. Abandoned residential property is defined as property that is either 1)…
Read More »Illinois Supreme Court Rules 113 and 114, which were originally slated to go into effect March 1, 2013, but were pushed back to May 1, 2013, alter the mortgage foreclosure process in several substantive ways. First, Rule 113 requires that the plaintiff attach to the complaint a copy of the…
Read More »In January, 2013 the City of Chicago amended the Municipal Code by regulating the activities of debt collectors of consumer debt. Some of those rules may affect mortgage loan servicers and debt buyers. Its effective date is July 1, 2013. The amendment defines a debt collector any person who in…
Read More »In Central Mortgage Co. v. Kamarauli, 2012 IL App (1st) 112353 (Nov. 5, 2012), the mortgagee brought a residential mortgage foreclosure against the mortgagors. The mortgagors, husband and wife, were each served by substitute service on the wife’s mother who accepted service at the mortgagor’s usual place of residence. The…
Read More »The borrowers in Bank of America v. Freed, 110749 (Ill. App. Ct. Dec. 28, 2012), took out a construction loan with a maximum limit of $205 million. Among other things, the loan was secured by a guaranty, pursuant to which the guarantors’ liability was limited to $50 million. The limited…
Read More »In Pfeifer v. Countrywide Home Loans, Inc., A133071 (Cal. App. Ct. Dec. 12, 2012) the borrowers sought to enjoin a non-judicial foreclosure. They contended, among other things, that because their mortgage loan was insured by the FHA, and the deed of trust securing the property was expressly subject to the…
Read More »In Medrano v. Flagstar Bank, 11-55412 (9th Cir. Dec. 11, 2012), a mortgage loan servicer sent a notice of escrow shortage to the borrowers and demanded that they increase their monthly payments or make a lump-sum payment to cover the escrow shortage. The borrowers sent three letters to the servicer…
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