May 9, 2016
Mortgage Servicers’ Unclean Hands
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
May 9, 2016 in Downstream litigation by date | Permalink | No Comments
February 24, 2016
Challenging Wrongful Foreclosures
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
February 24, 2016 in Downstream litigation by date | Permalink | No Comments
August 31, 2015
Monday’s Adjudication Roundup
Thornburg Mortgage Inc. Ch. 11 trustee wins $45 million against RBC Capital Markets LLC for seizing and miscalculating the value of some mortgage-backed securities from Thornburg in 2007. Fidelity National Title Insurance Co. will not be liable for $38 million … Continue reading
August 31, 2015 in Downstream litigation by date | Permalink | No Comments
July 30, 2015
Thursday’s Advocacy & Think-Tank Round-Up
Enterprise Community Partner’s and other affordable housing advocates have launched #CapsHurtCommunities, a campaign to raise spending caps imposed and restore critical funding. They are urging organizations and concerned citizens to reach out to Congress while the members on recess – asking them to … Continue reading
July 30, 2015 in Downstream litigation by date | Permalink | No Comments
July 23, 2015
This Is What Bad Faith Looks Like
A New York judge ruled in Federal National Mortgage Assoc. v. Singer, 2015 NY Slip Op. 51038(U) (July 15, 2015 Sup. Ct., New York County) (Moulton, J.) (unpublished opinion), that two lenders will forfeit more $100,000 in interest payments on two … Continue reading
July 23, 2015 in Downstream litigation by date | Permalink | No Comments
July 6, 2015
Possession of Note Confers Standing to Foreclose
Dale Whitman posted this discussion of Aurora Loan Services, LLC v. Taylor, 2015 WL 3616293 (N.Y. Ct. App., June 11, 2015) on the DIRT listserv: There is nothing even slightly surprising about this decision, except that it sweeps away a lot of confused and … Continue reading
July 6, 2015 in Downstream litigation by date | Permalink | No Comments
June 3, 2015
Reiss on SCOTUS Junior Lien Decision
Bloomberg BNA quoted me in Nagging Economic and Credit Questions Dampen Bankruptcy Victory for Bankers (behind paywall). It reads, in part: The U.S. Supreme Court delivered an important bankruptcy ruling for bankers that doesn’t, however, do anything about still-struggling homeowners (Bank … Continue reading
June 3, 2015 in Downstream litigation by date | Permalink | No Comments
