http://www.lexisnexis.com/mealeys/news.aspx Headline Mortgage Lending Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Jan. 22 affirmed a ruling dismissing a widow's lawsuit against the originator of a reverse mortgage loan and the loan servicer, holding that a federal judge in Alabama did not err when finding that neither defendant owed her a duty under Alabama law to ensure that she was also a signatory to a loan obtained by her now-deceased husband and that the judge did not err when denying her request to file a fourth amended complaint (Shirley Ann Harris v. Reverse Mortgage Solutions Inc., et al., No. 18-14013, 11th Cir., 2020 U.S. App. LEXIS 1883). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal magistrate judge on Feb. 5 recommended denying dismissal of a class action suit brought by an elderly woman who claims that the holder of a reverse mortgage prematurely paid property taxes on her home, finding that she sufficiently alleged that she suffered an injury as a result of the defendants' conduct (Margaret Shakespeare v. Live Well Financial Inc., et al., No. CV 18-7299, E.D. N.Y., 2020 U.S. 21714). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A federal judge in Texas did not err when dismissing a woman's lawsuit challenging the foreclosure of her home and accusing her mortgage lender and loan servicer of violating the Real Estate Settlement Procedures Act (RESPA), a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 22, finding that the woman failed to allege that she suffered any damages as a result of the appellees' conduct (Deborah Cross v. Bank of New York Mellon, et al., No. 19-20462, 5th Cir., 2020 U.S. App. 2058). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBUS, Ohio - A federal judge in Ohio on Jan. 17 reinstated a woman's request for emotional damages stemming from a loan servicer's alleged violations of the Real Estate Settlement Procedures Act (RESPA), holding that the plaintiff's evidence was not properly considered (Elizabeth Cameron v. Ocwen Loan Servicing LLC, et al., No. 18-cv-428, S.D. Ohio, 2020 U.S. Dist. LEXIS 14595). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A federal judge in Illinois on Jan. 29 granted in part Wells Fargo Bank N.A.'s motion to dismiss a couple's lawsuit accusing it of violating the Real Estate Settlement Procedures Act (RESPA) and Illinois Consumer Fraud Act (ICFA), holding that some of the lender's actions did not violate the acts (Andy Weiss, et al. v. Wells Fargo Bank N.A., No. 19 C 4947, N.D. Ill., 2020 U.S. Dist. LEXIS 14509). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Feb. 6 upheld a ruling awarding summary judgment to a loan servicer, finding that a judge in Georgia did not abuse her discretion when relying on documents submitted along with an affidavit of an employee of the company (Lela I. Lewis v. Residential Mortgage Solutions, et al., No. 18-14738, 11th Cir., 2020 U.S. App. LEXIS 3587). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 29 granted borrowers' motion for class certification only as to their breach of contract claim in their lawsuit alleging that a mortgage servicer failed to provide them with loan modifications, finding that denial of certification of the state subclasses based on violations of state consumer protection laws is warranted because the state consumer laws are materially different and common issues would not predominate (Alicia Hernandez, et al. v. Wells Fargo & Company, et al., No. 18-07354, N.D. Calif., 2020 U.S. Dist. LEXIS 15844). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - A federal judge in Maryland on Feb. 7 dismissed a man's lawsuit accusing Bank of America N.A. (BANA) of violating the Home Affordable Modification Program (HAMP) by failing to approve his request for a loan modification, holding that that the program does not provide a private cause of action to borrowers (Vasilios Fotopoulos v. Bank of America N.A., No. 19-cv-02178, D. Md., 2020 U.S. Dist. LEXIS 21499). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A federal judge in Pennsylvania on Jan. 29 denied a loan servicer's motion to partially dismiss a man's lawsuit over a denied loan modification, finding that he could pursue claims for punitive damages, negligent misrepresentation and breach of contract (Vernon Welch v. Nationstar Mortgage LLC, No. 19-2023, E.D. Pa., 2020 U.S. Dist. LEXIS 14374). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 28 certified two questions to the New York Court of Appeals as to whether a lender's preforeclosure notices satisfied the requirements of two sections of the New York Real Property Actions and Proceedings Law (RPAPL), finding that the questions turn on New York law and that there are no controlling decisions by the state's appeals court (CIT Bank N.A. v. Pamela Schiffman, et al., No. 18-3287, 2nd Cir., 2020 U.S. App. LEXIS 3090). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A woman's lawsuit accusing her current mortgage lender and loan servicer of violating the Massachusetts Consumer Protection Act and the Massachusetts Fair Debt Collection Practices Act was properly dismissed as untimely, a First Circuit U.S. Court of Appeals panel ruled Jan. 17, holding that her claims originated when the loan was consummated (Mary Kathryn O'Brien v. Deutsche Bank National Trust Co., et al., No. 19-1143, 1st Cir., 2020 U.S. App. LEXIS 14599). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WICHITA, Kan. - A federal judge in Kansas on Feb. 5 dismissed without prejudice a man's lawsuit accusing his loan servicer of violating the Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA) and Kansas Consumer Protection Act (KCPA) for misapplying additional payments he made on his mortgage, holding that the allegations failed to sufficiently state claims under the statutes (Roger N. Jones v. Fay Servicing LLC, No. 19-01124, D. Kan., 2020 U.S. Dist. LEXIS 19176). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BIRMINGHAM, Ala. - A federal judge in Alabama on Jan. 22 denied in part a loan servicer's motion to dismiss a woman's class action suit, finding that she sufficiently stated a claim that the loan servicer violated the Fair Debt Collection Practices Act by sending letters that contained "empty threats" about accelerating on her loan if a payment on the full amount of default was not paid by a certain date (Patricia Williams v. Seterus Inc., et al., No. 19-cv-00693, N.D. Ala., 2020 U.S. Dist. LEXIS 10408). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A 10th Circuit U.S. Court of Appeals panel on Jan. 28 upheld a ruling awarding summary judgment to a loan servicer, holding that a man did not preserve his argument in Utah federal court that his lawsuit is not time-barred because his claim for quiet title is not subject to the statute of limitations (Jason Lunt v. Nationstar Mortgage, et al., No. 18-4093, 10th Cir., 2020 U.S. App. LEXIS 2706). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LEXINGTON, Ky. - A federal judge in Kentucky on Jan. 21 denied in part Fifth Third Bank N.A.'s motion for summary judgment, holding that triable issues exist as to whether the loan servicer breached the terms of a mortgage agreement when releasing only $16,048.21 of the $82,732.89 in insurance proceeds a woman was awarded to repair vandalism on a property she leased (Beverly Chesser v. Fifth Third Bank N.A., No. 19-081-DCR, E.D. Ky., 2020 U.S. Dist. LEXIS 9701). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Mortgage%20Lending%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SHERMAN, Texas - A federal judge in Texas on Jan. 21 refused to reconsider a Sept. 9 ruling denying JPMorgan Chase Bank N.A.'s motion for summary judgment in a False Claims Act (FCA) lawsuit accusing it of submitting false information about loan modifications it provided to borrowers under the Home Affordable Modification Program (HAMP) after overruling the bank's argument that the decision was made sua sponte and that it prevents the bank from attempting to conduct discovery on whether the relators are original sources of information (United States, ex rel. Michael J. Fisher, et al. v. JPMorgan Chase Bank N.A., No. 16-CV-00395, E.D. Texas, 2020 U.S. Dist. LEXIS 9400). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Dec. 27 affirmed the dismissal of man's Truth in Lending Act (TILA) lawsuit seeking rescission of a loan, holding that his failure to attempt to resolve his claim with the Federal Deposit Insurance Corp. excluded the court from having jurisdiction under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (Norman Shaw v. Bank of America Corp., et al., No. 17-56706, 9th Cir., 2019 U.S. App. LEXIS 38549). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 19 upheld the dismissal of a class action suit brought by active members of the military who claim that their mortgages were unlawfully foreclosed upon in violation of the Servicemembers Civil Relief Act (SCRA), finding that orders for the seizure of the borrowers' property that were obtained through executory proceedings in Louisiana state court were not default judgments (Steven Fodge, et al. v. Trustmark National Bank, et al., No. 19-30279, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BUFFALO, N.Y.- A federal judge in New York on Dec. 30 denied a couple's motion to certify a nationwide class for borrowers who claim that Bank of America N.A. violated the Real Estate Settlement Procedures Act (RESPA) by failing to use reasonable diligence when reviewing loan modification applications, holding that their expert's report showed that the proposed class lacked commonality and that individual issues predominated over classwide questions (Bobbi Jackson, et al. v. Bank of America N.A., No. 16-CV-757, W.D. N.Y., 2019 U.S. Dist. LEXIS 222511). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A proposed class of borrowers sufficiently stated a claim that JP Morgan Chase Bank N.A. (Chase) violated the Real Estate Settlement Procedures Act (RESPA) when failing to timely respond to requests for recordings of calls regarding their loans, a federal judge in California ruled Dec. 23, holding that the requests were not overbroad (Anthony Barbano, et al. v. JP Morgan Chase Bank N.A., No. 19-1218, C.D. Calif., 2019 U.S. Dist. LEXIS 220251). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT WORTH, Texas - A federal judge in Texas on Dec. 13 awarded summary judgment to Wells Fargo Bank N.A. on a woman's claim that the lender violated the Real Estate Settlement Procedures Act (RESPA), ruling that while it is unclear if the bank properly responded to her loan modification application, her failure to allege damages was fatal to her cause of action (Jerri Gooden v. Wells Fargo Bank N.A., No. 19-cv-00244-P, N.D. Texas, 2019 U.S. Dist. LEXIS 214821). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 7 denied a couple's request for a rehearing on their arguments that a federal judge in Virginia erred when dismissing as untimely their claims for declaratory judgment and breach of contract against their mortgage lender and loan servicer and noted that no judge requested a poll for an en banc rehearing (Carlos Manotas, et al. v. Ocwen Loan Servicing LLC, et al., No. 18-2026, 4th Cir., 2020 U.S. App. LEXIS 401). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Dec. 9 upheld a ruling dismissing as untimely a couple's lawsuit against their mortgage lender and loan servicer, finding that the plaintiffs' declaratory judgment and breach of contract claims are both subject to the state's five-year statute of limitations (Carlos Manotas, et al. v. Ocwen Loan Servicing LLC, et al., No. 18-2026, 4th Cir., 2019 U.S. App. LEXIS 36394). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 10 affirmed a summary judgment ruling in favor of a lender and loan servicer, holding that a woman's multiple filings for bankruptcy tolled the four-year statute of limitations for the lender's counterclaim for judicial foreclosure (Sharon D. Rose v. Select Portfolio Servicing Inc., et al., No. 19-50598, 5th Cir., 2019 U.S. App. LEXIS 36574). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Dec. 13 affirmed a ruling dismissing a man's lawsuit alleging that his mortgage lender and loan servicer's attempt to foreclose on his loan was barred by the six-year statute of limitations, finding that the man restarted the limitations period when he requested a loan modification (David Barton Thacker v. Bank of New York Mellon, et al., No. 19-35215, 9th Cir., 2019 U.S. App. LEXIS 36894). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Dec. 19 affirmed the dismissal of a couple's lawsuit challenging the foreclosure on their home, holding that there is no actual controversy over the assignment of interest in the loan among lenders because it is allowed in the security deed (Allan Lavut, et al. v. Bank of America N.A., et al., No. 19-11123, 11th Cir., 2019 U.S. App. LEXIS 37774). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PROVIDENCE, R.I. - A federal judge in Rhode Island on Dec. 18 granted a mortgage lender's motion for summary judgment in a suit it brought seeking judicial foreclosure on a woman's home, holding that its notice of default complied with the terms of the mortgage and that it had standing to bring the lawsuit (Citibank N.A. v. Katherine L. Caito, No. 18-427-JJM-LDA, D. R.I., 2019 U.S. Dist. LEXIS 219473). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DALLAS - A federal judge in Texas on Jan. 6 adopted a magistrate judge's recommendation to deny a man's motion for a temporary restraining order that would enjoin a foreclosure sale scheduled for Jan. 7, finding that the man's request was untimely and that he was unable to show a likelihood of success on his claims (Brett Stacy v. JPMorgan Chase Bank N.A., No. 19-cv-446, N.D. Texas). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - A federal magistrate judge in California on Dec. 10 refused to dismiss claims for violation of California unfair competition law (UCL) and other claims in a foreclosure dispute but noted that the UCL claim may proceed only under the unfair and unlawful prongs (Frederick James Beatty v. PHH Mortgage Corporation, et al., No. 19-05145, N.D. Calif., 2019 U.S. Dist. LEXIS 213794). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A California appeals panel on Dec. 27 affirmed a lower court's dismissal of a lawsuit alleging that a loan servicer violated California's unfair competition law (UCL) and Homeowners Bill of Rights (HBOR), finding that the plaintiffs cannot establish a UCL claim by borrowing statutory violations from both HBOR and the federal Home Affordable Modification Program (HAMP) (Jeffrey E. Finsand, et al. v. Nationstar Mortgage, LLC, et al., No. H045052, Calif. App., 6th Dist., 2019 Cal. App. Unpub. LEXIS 8628). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A federal judge in Texas did not err when dismissing with prejudice a couple's lawsuit against their mortgage lender and loan servicer, a Fifth Circuit U.S. Court of Appeals panel ruled Dec. 13, holding that the couple's failure to sufficiently state a claim under the Texas Debt Collection Act (TDCA) was also fatal to their cause of action under the Texas Deceptive Trade Practices Act (TDCPA) (Kenneth Lawry v. Bank of New York Mellon Trust Co., N.A., No. 19-10671, 5th Cir., 2019 U.S. App. LEXIS 36963). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A federal judge in Massachusetts on Dec. 20 remanded a class action lawsuit brought by a woman who claims that a loan servicer's repeated phone calls to her about her defaulted mortgage loan violated state law, finding that the loan servicer failed to show that the damages the woman is seeking are in excess of $75,000 (Cheryl Pantano v. Ocwen Loan Servicing LLC, No 19-cv-11178, D. Mass., 2019 U.S. Dist. LEXIS 219033). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - HSBC Bank USA, National Association and PHH Mortgage Corp. will pay $2.4 million to end a class suit accusing the two companies of violating the Telephone Consumer Protection Act (TCPA) by placing automatic debt collection calls to cell phones without prior consent, according to a class settlement granted final approval by a federal judge in California on Dec. 30 (Saber Ahmed, et al. v. HSBC Bank USA, et al., No. 15-2057, C.D. Calif., 2019 U.S. Dist. LEXIS 222750). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Jan. 7 upheld a ruling dismissing a couple's quiet title lawsuit, finding that a federal judge in Texas did not err because the couple did not sufficiently allege in a second amended complaint that an appraisal of their home was invalid under the Texas Constitution because it was for more than 80 percent of their home (Femi Onabajo, et al. v. Household Finance Corporation III, et al., No. 19-50365, 5th Cir., 2020 U.S. App. LEXIS 460). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Mortgage%20Lending%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - The city of Philadelphia and Wells Fargo & Co. on Dec. 16 filed a joint stipulation to dismiss with prejudice a lawsuit the city filed in Pennsylvania federal court against the bank, after the lender agreed to pay $10 million to resolve allegations that it violated the Fair Housing Act (FHA) by steering African American and Latino borrowers into loans that had less favorable terms than those offered to Caucasian borrowers (Philadelphia v. Wells Fargo & Co., No. 17-cv-2203, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Nov. 27 reduced a $3 million punitive damages award entered by a federal jury in Illinois against a loan servicer to $582,000, finding that while punitive damages are allowed by Illinois law for the loan servicer's violations of the Illinois Consumer Fraud Act (ICFA), the amount of damages was excessive because it was not proportional to the amount of other damages awarded by the jury under the act (Monette Saccameno v. U.S. Bank N.A., et al., No. 19-1569, 7th Cir., 2019 U.S. App. LEXIS 35550). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 18 denied a woman's request to rehear arguments on her request for review of a Ninth Circuit U.S. Court of Appeals' ruling that affirmed dismissal of her Truth in Lending Act (TILA) lawsuit (Kimberly Cox v. Old Republic National Title Insurance Co., et al., No. 18-1536, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 6 upheld a ruling denying a couple's motion to vacate dismissal of their Truth in Lending Act (TILA) lawsuit under Federal Rule of Civil Procedure 60(b)(6), finding that a federal judge in Tennessee did not err when refusing to apply a decision from the Ninth Circuit about the statute of limitations for damages under the statute (Tobin Segrist, et al. v. Bank of New York Mellon, No. 19-5153, 6th Cir., 2019 U.S. App. LEXIS 36232). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 2 upheld the dismissal of a man's lawsuit accusing Wells Fargo Bank N.A. and U.S. Bank N.A. of violating the Truth in Lending Act (TILA) and California's unfair competition law (UCL), finding that the causes of action were barred by claim preclusion because they could have been raised in an earlier lawsuit (Vahe Aftandilian v. Wells Fargo Bank N.A., et al., No. 18-56666, 9th Cir., 2019 U.S. App. LEXIS 35768). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ANCHORAGE, Alaska - A Ninth Circuit U.S. Court of Appeals panel on Nov. 15 overturned a federal judge in California's ruling denying motions for relief from judgment under Federal Rule of Civil Procedure 60(b) filed by leaders of a proposed class claiming that a lender violated the Real Estate Settlement Procedures Act (RESPA), holding that the judge did not properly interpret the U.S. Supreme Court's ruling in Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017), when denying the motion (Melissa Henson, et al. v. Fidelity National Financial Inc., No. 18-56071, 9th Cir., 2019 U.S. App. LEXIS 34093). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Nov. 26 reversed a federal judge in Ohio's ruling awarding summary judgment to a loan servicer accused of violating the Real Estate Settlement Procedures Act (RESPA), finding that the judge erred when finding that a portion of a woman's deposition testimony was sufficient to show that the only actual damages she and her husband are seeking as a result of the alleged violations of the statute are the denial of loans for her small business (Ronald Lanton, et al. v. Ocwen Loan Servicing LLC, et al., No. 18-3709, 6th Cir., 2019 U.S. App. LEXIS 35362). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A borrower seeking reversal of a decision dismissing his class action lawsuit against a loan servicer accused of violating the Real Estate Settlement Procedures Act (RESPA) when failing to make a property tax payment tells the Fourth Circuit U.S. Court of Appeals in an Oct. 31 reply brief that the statute does not support the idea of bifurcated servicing of a loan (Rodney Harrell, et al. v. Freedom Mortgage Corp., No. 19-1379, 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ANNISTON, Ala. - A federal judge in Alabama on Nov. 25 granted a loan servicer's motion for partial dismissal of a man's lawsuit, finding that the defendant's alleged failure to timely respond to his qualified written requests (QWRs) that were sent after a foreclosure sale cannot support a claim under the Real Estate Settlement Procedures Act (RESPA) (Vann Caldwell v. Nationstar Mortgage LLC, No. 19-CV-01182-KOB, N.D. Ala., 2019 U.S. Dist. LEXIS 203805). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBUS, Ohio - A federal judge in Ohio on Nov. 14 denied in part a motion for summary judgment filed by a loan servicer, holding that genuine issues exist as to whether the servicer satisfied its requirements under the Real Estate Settlement Procedures Act (RESPA) when responding to a woman's notice of error about a loan modification she entered into in December 2010 (Elizabeth Cameron v. Ocwen Loan Servicing LLC, et al., No. 18-cv-428, S.D. Ohio, 2019 U.S. Dist. LEXIS 197689). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Nov. 8 affirmed a federal judge in California's ruling that a man's second lawsuit accusing his loan servicer of illegally assigning his mortgage loan to a trust was barred by the doctrine of res judicata because the allegations stemmed from the same transaction or occurrence (Stephen Yagman v. Nationstar Mortgage LLC, No. 18-55693, 9th Cir., 2019 U.S. App. LEXIS 33495). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' DALLAS - A federal judge in Texas on Nov. 12 awarded summary judgment to a mortgage lender after rejecting a couple's argument that their failure to know about the existence of a junior mortgage that constituted 20 percent of the value of their home barred the lender from initiating foreclosure proceedings (Charles Constance, et al. v. Interstate Intrinsic Value Fund A LLC, No. 18-CV-3047-BK, N.D. Texas, 2019 U.S. Dist. LEXIS 195682). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A federal judge in Colorado on Dec. 2 remanded a consolidated lawsuit challenging U.S. Bank N.A.'s foreclosure of a couple's home after declining to exercise supplemental jurisdiction over the plaintiffs' claims (Farlan A. Robertson, et al. v. U.S. Bank N.A., et al., No. 19cv2909, D. Colo., U.S. Dist. LEXIS 207121). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A federal judge in Minnesota on Nov. 19 awarded summary judgment to a loan servicer, holding that communications and conduct it engaged in with a man before and after a foreclosure sale was held on his home did not violate the Fair Debt Collection Practices Act (FDCPA) because the actions were not made in connection with the collection of a debt (David Heinz v. Carrington Mortgage Services LLC, No. 18-cv-1919, D. Minn., 2019 U.S. Dist. LEXIS 200500). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2014%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WORCESTER, Mass. - A federal judge in Massachusetts on Dec. 5 denied motions for summary judgment filed by parties in a Fair Debt Collections Act (FDCPA) lawsuit, finding that there is no dispute that a loan servicer is a debt collector under the statute and that questions exist as to whether a June 2017 letter offering a loan modification to the borrower was an attempt to collect on the defaulted loan (Eugene Weiner v. Rushmore Loan Management Services LLC, et al., No. 17-401440-TSH, D. Mass., 2019 U.S. Dist. LEXIS 209534). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2015%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TAMPA, Fla. - A federal judge in Florida on Nov. 12 dismissed a majority of a woman's lawsuit accusing Wells Fargo Bank N.A. of providing her with a mortgage loan through the use of fraud and robo-signed documents, ruling that she could pursue a claim only under the Fair Credit Reporting Act (FCRA) because all of her other claims were barred by the state's compulsory counterclaim rule (Neelam Uppal v. Wells Fargo Bank N.A., et al., No. 19-cv-1334-T-02JSS, M.D. Fla. 2019 U.S. Dist. LEXIS 195765). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2016%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A federal judge in Minnesota on Nov. 7 adopted a magistrate judge's Oct. 21 recommendation to partially dismiss a lawsuit brought by a proposed class of Minnesota borrowers who claim that a loan servicer violated the Fair Debt Collection Practices Act (FDCPA) when sending a letter informing them that their mortgage loans were in default, finding that the loan servicer did not say in the letter that it would immediately foreclose on the loan if a payment was not received by the expiration date (Anita Fisher v. Nationstar Mortgage LLC, et al., No. 19-cv-01382, D. Minn., 2019 U.S. Dist. LEXIS 194423). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2017%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Nov. 20 granted a plaintiff's motion for class certification in a lawsuit brought under California's unfair competition law (UCL) alleging that a bank failed to pay interest on escrow accounts on mortgage loans, noting that it "is hard to imagine a case more worthy of class treatment" (William Kivett v. Flagstar Bank, FSB, et al., No. 18-05131, N.D. Calif.. 2019 U.S. Dist. LEXIS 202448). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2018%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - A federal judge in California on Nov. 12 denied a loan servicer's motion to dismiss California unfair competition law (UCL) and other claims in a class action alleging that it conducted "fraudulent assessment and collection of unperformed, unfair, or unlawfully marked-up property valuation and inspection fees" (Mary A. Rhodeman, et al. v. Ocwen Loan Servicing, LLC, et al., No. 18-2363, C.D. Calif., 2019 U.S. Dist. LEXIS 197944). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Mortgage%20Lending%2019%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' FRESNO, Calif. - A federal judge in California on Dec. 4 dismissed California unfair competition law (UCL) and other claims in a lawsuit alleging that a mortgage lender attempted to foreclose on a personal residence despite the plaintiff's efforts to seek a loan modification, allowing the plaintiff leave to amend the fraudulent and unfair business practices prongs of his UCL claims (Darryl Banton v. Wells Fargo Bank, N.A, et al., No. 19-00928, E.D. Calif., 2019 U.S. Dist. LEXIS 210909).