March 30, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

New Jersey Condominium Association files a complaint alleging that the U.S. Federal Emergency Management Agency (FEMA) breached its contracts by failing to pay flood insurance benefits for damage from Hurricane Sandy. The US Supreme Court justices are reviewing an Eleventh … Continue reading

March 4, 2015

Wells Fargo Smackdown

By David Reiss

Circuit Judge Elliott of Missouri Circuit Court issued a Judgment in Holm v. Wells Fargo et al. (No. 08CN-CV00944 Jan. 26, 2015) that awarded nearly three million dollars in punitive damages. This is just one of a number of searing … Continue reading

February 26, 2015

Tenants in Foreclosure

By David Reiss

Judge Demarest issued a Decision and Order in 650 Brooklyn LLC v. Hunte et al. (No. 504623/2013 Feb. 5, 2015). The defendants moved for dismissal because the foreclosing plaintiff failed to comply with a relatively new NY statute that requires … Continue reading

February 23, 2015

Mortgage Assignment Mayhem

By David Reiss

Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading

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