REFinBlog

Editor: David Reiss
Brooklyn Law School

May 9, 2016

Mortgage Servicers’ Unclean Hands

By David Reiss

Judge Butchko, sitting in a Florida Circuit Court, granted a homeowner’s motion for involuntary dismissal of a foreclosure because of the servicer’s unclean hands. There is a lot of interest in the order, but it is worth quoting at length the Court’s discussion … Continue reading

February 24, 2016

Challenging Wrongful Foreclosures

By David Reiss

The California Supreme Court issued an opinion a few days ago that has been getting a lot of attention, Yvanova v. New Century Mortgage Corp., S218973 (Feb. 18, 2016). The opinion opens by noting that The collapse in 2008 of the housing … Continue reading

January 29, 2016

Outrage

By David Reiss

A federal judge has held that a mortgage servicer committed “the tort of outrage when it charged attorney’s fees and costs to plaintiff’s mortgage account and refused to explain the charges upon request.” (1) Lucero v. Cenlar FSB, No. C13-0602RSL … Continue reading

January 11, 2016

Monday’s Adjudication Roundup

By Shea Cunningham

New York state appeals court affirmed denying dismissal of claims against Morgan Stanley for fraud. Plaintiff bought $17 million in high-risk notes tied to residential mortgage-backed securities in a $500 million collateralized debt obligation that eventually were wiped out. Quicken … Continue reading

January 4, 2016

Monday’s Adjudication Roundup

By Shea Cunningham

The U.S. Department of Justice has filed suit against Trump Village Section IV in Brooklyn for allegedly violating the Fair Housing Act by not allowing emotional support dogs to live with their owners who suffered from disabilities. Ocwen Financial Corp. … Continue reading

December 28, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

HSBC settles class action by homeowners that claimed the bank received kickbacks for insurance policies on their properties. Goldman Sachs, Deutsche Bank and RBS have petitioned the US Supreme Court to consider repose statutes and statutes of limitations extenders that … Continue reading

December 21, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

Class action suit filed against JPMorgan for alleged illegal demand of payment from junior mortgage holders who’s senior mortgages had been foreclosed. The class claims that JPMorgan’s demands violated several California laws. PHH Corp. urges the DC Circuit to vacate … Continue reading