In Reese v. Provident Funding Associates, LLP, A12A0619 (Ga. Ct. App. July 12, 2012) the mortgagors defaulted on a promissory note and mortgagee. The original lender sold the note but continued to act as the loan servicer. It sent a notice of foreclosure sale to the borrowers pursuant to Georgia…
Read More »In McMurray v. ProCollect, Inc. (11-10291, 5th Cir., July 16, 2012), the debtor sued a debt collector alleging that a letter sent by the debt collector was inconsistent and overshadowed the FDCPA statutory notice contained in the letter. The letter stated: It is important that you pay your debt as…
Read More »In Wallace v. Lerner, Sampson & Rothfuss (10-3694, 6th Cir., June 26, 2012), the mortgagor sued the mortgagee, the servicer and the mortgagee’s law firm alleging false, deceptive and misleading claim of ownership under section 1692e of the FDCPA. The mortgagor alleged that in the state foreclosure action the mortgagee…
Read More »The underlying issue in Deutsche Bank Nat. Trust Co. v. Brewer, No. 1-11-1213 (Opinion filed May 9, 2012. Modified upon Denial of Rehearing, July 18, 2012) was whether a defective affidavit from the process server in a mortgage foreclosure action was proof in itself that service was not made and…
Read More »In El-Bey v. HUD, et al. (11-cv-72 N.D. IL Mem. Op. June 11, 2012), Plaintiff who was not the borrower but claimed an interest in the real estate brought a complaint in federal court against various parties involved in a completed foreclosure, including against the judicial selling officer appointed by…
Read More »In re McNeal (Case No 11-11352, 11th Cir., May 11, 2012 – unpublished) the debtor in her voluntary petition for Chapter 7 Bankruptcy reported that her home was subject to two mortgage liens, a first mortgage in the amount of $176,413 and a second mortgage in the amount of $44,444.…
Read More »The New York Legislature enacted CPLR § 3408 in 2008, which applies to certain residential foreclosure actions in the State of New York, with the express legislative intent to help the defendant avoid losing his or her home. CPLR § 3408 requires, among other things, that mandatory settlement conferences be…
Read More »In Gilbert v. Residential Funding LLC 678 F.3d 271 (4th Cir. May 3, 2012), the borrowers defaulted on their mortgage loan, which they took in a refinance transaction on May 5, 2006. On April 5, 2009, and less than a month after the assignee of the mortgage loan initiated a…
Read More »In _Scarborough v. LaSalle, N.A.,_ 11-4092 (10thCir., Feb. 1, 2012) the borrower obtained a residential mortgage loan secured by a deed of trust naming Mortgage Electronic Registration System, Inc. (MERS) as the beneficiary and nominee. The loan was later sold and became part of a mortgage-backed securities trust. When the…
Read More »In Metrobank v. Cannatello (No. 11-0529, January 9, 2012), mortgagee brought a complaint to foreclose a mortgage and a personal deficiency against the mortgagor in case the foreclosure did not satisfy the judgment. The mortgagee served the summons and complaint on the mortgagor by way of abode service. When he…
Read More »