January 25, 2017
HUD, Exit Stage Left
President Obama had members of his Cabinet write Exit Memos that set forth their vision for their agencies. Julián Castro, his Secretary of HUD, titled his Housing as a Platform for Opportunity. It is worth a read as a roadmap of a progressive … Continue reading
January 25, 2017 in Downstream litigation by state | 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 state | Permalink | No Comments
January 29, 2016
Outrage
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 29, 2016 in Downstream litigation by state | Permalink | No Comments
September 21, 2015
Monday’s Adjudication Roundup
NY bankruptcy judge dismissed suit against DLA Piper for misappropriation of over $36 million in payments to cover mortgage-backed securities. The judge cited NY law that “prevents wrongdoers and their successors from pursuing claims that arise out of their own … Continue reading
September 21, 2015 in Downstream litigation by state | 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 state | 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 Ct., New York County) (Moulton, J.) (unpublished opinion), that two lenders will forfeit more $100,000 in interest payments on two … Continue reading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 state | 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 state | Permalink | No Comments
