January 21, 2015

Supreme Take on Truth in Lending

By David Reiss

The United States Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684 (Jan. 13, 2015).  Jesinoski resolved a circuit split regarding notice requirements under the Truth in Lending Act (TILA) that apply when a homeowner … Continue reading

January 20, 2015

Whitman on Foreclosing on E-Note

By David Reiss

Professor Dale Whitman posted a commentary on Good v. Wells Fargo Bank, 18 N.E.3d  618 (Ind. App. 2014) on the Dirt listserv. The case addresses whether a lender foreclosing a mortgage securing an electronic note must provide proof that it … Continue reading

September 23, 2014

Is Freddie the “Government” When It’s In Conservatorship?

By David Reiss

Professor Dale Whitman posted a commentary on Federal Home Loan Mortgage Corp. v. Kelley, 2014 WL 4232687, Michigan Court of Appeals (No. 315082, rev. op., Aug. 26, 2014)  on the Dirt listserv: This is a residential mortgage foreclosure case. The … Continue reading

August 19, 2014

Should The Mortgage Follow The Note?

By David Reiss

The financial crisis and the foreclosure crisis have pushed many scholars to take a fresh look at all sorts of aspects of the housing finance system. John Patrick Hunt has added to this growing body of literature with a posting … Continue reading

August 7, 2014

Unfair Loan Mod Negotiations

By David Reiss

The Ninth Circuit issued an Opinion in Compton v. Countrywide Financial Corp. et al., (11-cv-00198 Aug. 4, 2014).  The District Court had dismissed Compton’s unfair or deceptive act or practice [UDAP] claim because she had failed to allege that the … Continue reading

July 25, 2014

California Court Denies Plaintiffs’ Claims for Breach of Express Agreements, Breach of Implied Agreements, Slander of Title, Wrongful Foreclosure, and Violations of California Civil Codes

By Ebube Okoli

The court in deciding Zapata v. Wells Fargo Bank, N.A., 2013 U.S. Dist. (N.D. Cal. Dec., 2013) dismissed the plaintiff’s action for failure to state a claim. This action boiled down to an attempt made by the plaintiff to avoid … Continue reading

July 24, 2014

Georgia Court Dismisses HOEPA, RESPA, and TILA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately dismissed the plaintiff’s complaint with prejudice. The plaintiff’s complaint alleged federal violations of the Truth-in-Lending Act (“TILA”), the Real Estate Settlement and … Continue reading