Residential Funding Co. v. Saurman (No. 290248 and No. 291443, Ct. of Appeals MI April 21, 2011.) In this consolidation of two appeals, each of the defendants obtained a mortgage loan with MERS named as the mortgagee under the mortgage. Both defendants defaulted and MERS began non-judicial foreclosure by advertisement…
Read More »In re David A. Simpson, P.C., (NC Ct. of Appeals, COA10-361, May 3, 2011), a foreclosure action, the trial court found that the petitioner was the owner and holder of the mortgage after it produced the original note and allonge for the trial court’s inspection, as well as affidavits attesting…
Read More »In _Tinsley v. Integrity Financial Partners, Inc._, No. 10-2045 (7th Cir., Feb 11, 2011), the Seventh Circuit affirmed a grant of summary judgment in favor of a debt collector finding that a lawyer is not the consumer for the purpose of 15 U.S.C. § 1692c of the FDCPA. In _Tinsley_,…
Read More »In _Ogbin v. Fein, Such, Kahn & Shepard, P.C._, No. 09-2829, (3rd Cir. Feb. 22, 2011 unpublished), the Third Circuit vacated in part and remanded a District Courts’ dismissal of a class action complaint asserting a violation of 15 U.S.C. § 1692(f)(1) of the Fair Debt Collection Practices Act (FDCPA).…
Read More »The mortgagors and a West Virginia class in _Delebreau v. Bayview Loan Servicing, LLC,_ 6:09-CV-00245 (S.D.W. Va. Jan. 18, 2011) brought an action against their mortgage loan servicer following the servicer’s commencement of a foreclosure alleging the servicer assessed illegal late fees and default fees in violation of the West…
Read More »The U.S. District Court in Maine dismissed claims from homeowners seeking damages against a servicer for improper foreclosure. In _Bradbury v. GMAC Mortg., LLC,_ CIV. 10-458-P-H (D. Me. Feb. 16, 2011) the mortgagor filed a class action suit against the servicer after reports that the serivicer’s employees were found to…
Read More »Three recent opinions have confirmed the long-standing evidentiary rule (which courts routinely ignore) that if a mortgagor wishes to contest standing he or she needs to raise that defense at the pleading stage of the case; otherwise it’s waived. In Mortgage Electronic Registration Sys., Inc. v. Barnes , 1-09-2345, (Ill.…
Read More »At the time of filing their bankruptcy action the borrowers in In re Rodriguez , No. 09-2724 (3d Cir. Dec. 23, 2010) had an escrow account arrearage with the loan servicer of $5,657.60: $3,869.91 was the amount the servicer had paid for taxes and insurance and $1,787.69 was for 2…
Read More »In Catalan v. GMAC Mortgage Corp. , No. 09-2182 (7th Cir., January 2011), the Seventh Circuit Court reversed a grant of summary judgment in favor of a servicer, finding that the District Court erred when it held that the servicer qualified for RESPA’s Safe Harbor with respect to its failure…
Read More »In Bonte v. U.S. Bank, N.A., No. 09-2455 (7th Cir., October 19, 2010), the plaintiff’s asserted that there were misstated charges on the TIL disclosure and the HUD-1 settlement statement, both of which were attached to the complaint. The disputed charges related to the disbursement of the loan proceeds including…
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