In Hayes v. M&T Mortgage Corp., 1-07-1063 (Ill.App.Ct.,March 25, 2009) the plaintiff filed an action against the mortgagee seeking damages for the mortgagee’s failure to abide by applicable HUD regulations relating to rehabilitation loans and cited the breach of those regulations as the basis for dismissal of the mortgagee’s foreclosure…
Read More »At issue in Llewellyn v. Shearson Financial Network, Inc., 08-cv-00179 (D. Colo., March 31, 2009) were the legality of efforts by a loan servicer to collect on a loan the plaintiff believed to have been repaid (but was in fact still outstanding due to an intermediary’s absconding of the funds).…
Read More »The Chapter 7 trustee in In re Hunter, 400 B.R. 651 (Bkrtcy. N.D.Ill., March 2009) filed an adversary complaint against the originator of two consumer residential mortgage loans obtained by debtor prepetition and assignee of one of the loans, seeking damages and rescission of both loans on the basis of…
Read More »Among other debt collection claims the district court in Whittiker et al., v. Deutsche Bank Nat. Trust Co., 1:08 CV 300. — F.Supp.2d —-, (N.D.Ohio, March 17, 2009) was asked to assess whether the plaintiff stated a claim under the Fair Debt Collection Practices Act because the defendant in state…
Read More »In Johnson v. Washington, — F.3d —-, 2009 WL 446094 (4th Cir., (Va.),2009) the Plaintiff’s sold their home but continued to rent the property from the buyer and retained an option to repurchase. After falling behind on their payments they brought sued the buyer, alleging violations of the Truth in…
Read More »In Bonney v. Washington Mut. Bank, No. 08-30087 (D. Mass., Feb. 9, 2009) the Plaintiffs obtained a debt consolidation loan from Defendant’s predecessor which was secured by their residence. In connection with that loan they were provided a Notice of Right to Cancel which did not specify the date of…
Read More »Following a telephone interview to gather financial information for a proposed loan, the Defendant in Weintraub v. Quicken Loans, Inc., No. 08-278 (E.D.Va., Feb. 5, 2009) provided the Plaintiffs a Deposit Agreement which required the Plaintiff to make a $500.00 deposit as part of the application for refinancing. Plaintiff paid…
Read More »In Moore v. Wells Fargo Bank, N.A., 2:08cv 413 (E..D.Va., Feb. 2009) the plaintiff-mortgagor brought an action against the mortgagee seeking a declaratory judgment that the mortgagor had validly rescinded two mortgages when he served notice to rescind on the mortgagee. He also sought a finding of statutory damages based…
Read More »A mortgage assignee commenced a foreclosure action after the assignment of a mortgage that was already in default. The Supreme Court, Kings County, New York in Wells Fargo Bank, N.A. v. Saint Aubin, 22 Misc.3d 1120(A) (Feb. 2009) dismissed its application to foreclose. The court said the required affidavit of…
Read More »There was a single question presented to the court Carter v. Welles-Bowen Realty, Inc., 07-3965 (6th Cir. Ohio, Jan. 23, 2009) and that was whether a plaintiff must allege a concrete injury, such as an overcharge, to have standing to bring a RESPA violation. The plaintiffs in Carter alleged that…
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