September 23, 2014
Is Freddie the “Government” When It’s In Conservatorship?
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
September 23, 2014 in 2014 | Permalink | No Comments
August 7, 2014
Unfair Loan Mod Negotiations
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
August 7, 2014 in 2014 | Permalink | No Comments
July 23, 2014
Maine Really Doesn’t Like Lenders
I recently blogged in No MERS-y for Maine Lenders about a Maine Supreme Judicial Court opinion that seemed to go against the weight of authority as to a fundamental issue: that the mortgage follows the note. The lender in that … Continue reading
July 23, 2014 in 2014 | Permalink | No Comments
July 10, 2014
No MERS-Y for Maine Lenders
The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading
July 10, 2014 in 2014 | Permalink | No Comments
June 24, 2014
Borrowers Have “Been Through Hell”
The Maine Supreme Judicial Court issued an opinion, U.S. Bank, N.A. v. David Sawyer et al., 2014 ME 81 (June 24, 2014), that makes you question the sanity of the servicing industry and the efficacy of the rule of law. … Continue reading
June 24, 2014 in 2014 | Permalink | No Comments
April 16, 2014
Tennessee Court Rejected MERS’ Argument that Sale of Property Should be Invalidated
The court in deciding Mortgage Elec. Registration Sys. v. Ditto, 2014 Tenn. App. (Tenn. Ct. App., 2014) affirmed the judgment of the lower court. This appeal involved the purchase of property at a tax sale. MERS filed suit against purchaser … Continue reading
April 16, 2014 in 2014 | Permalink | No Comments
North Carolina Court Dismisses FDCPA and RESPA Claims
The court in deciding Champion v. Bank of Am., N.A., 2014 U.S. Dist. 78 (E.D.N.C., 2014) dismissed the plaintiff’s FDCPA and RESPA claims. Plaintiff initiated this action asserting claims for violations of the Fair Debt Collection Practices Act (“FDCPA”), the … Continue reading
April 16, 2014 in 2014 | Permalink | No Comments