The United States District Court for the Eastern District of Pennsylvania recently held that a title insurance company was entitled to summary judgment on a claim that it had failed to properly supervise its agent. See Scott v. BAC Home Loan Servicing, L.P., 2016 WL 320219 (E.D. Pa. Jan. 27
The Washington Court of Appeals recently granted a refinancing lender a priority lien over a mortgage secured by a revolving line of credit under the equitable subrogation doctrine. See America’s Credit Union v. Countrywide Home Loans Inc., 188 Wash. App. 1063 (2015). In the case, the borrowers executed a deed
The United States District Court for the Southern District of Florida recently held that the assignee of a mortgage may enforce the mortgage’s jury waiver clause, but that the servicer may not. See Thompson v. Caliber Home Loans, Inc., 2016 WL 278731 (S.D. Fla. Jan. 22, 2016). In the case
The United State District Court for the District of New Jersey recently denied a lender’s motion to dismiss a claim under the Homeowners Protection Act (“HPA”) because the lender reappraised the value of the mortgaged property when the secured loan was modified. See Fried v. JPMorgan Chase & Co., 201
The Indiana Court of Appeals recently granted a title insurer summary judgment on the insureds’ breach of contract and bad faith claims because the insureds had failed to give prompt notice of their title claim. See Pike v. Conestoga Title Ins. Co., 2015 WL 5680154 (Ind. Ct. App. 2015). In
A New York court recently denied a motion to vacate the default entered against the borrower’s executrix, holding that the requirement that the mortgagee negotiate in good faith at a foreclosure conference only applied to mortgaged premises that are occupied by the borrower as his or her principal residence. See
The United States Supreme Court recently held that an unaccepted offer of judgment pursuant to Federal Rule of Civil Procedure 68 did not render a class action claim moot, but the Court did not rule on whether the claim would be moot if the lower court had entered a judgment
A Florida appellate court recently held that a lender could institute a second foreclosure action against a borrower without sending a second default notice, so long as the first action was dismissed without prejudice. See Sill v. JPMorgan Chase Bank, Nat. Ass’n, 2016 WL 67256 (Fla. Dist. Ct. App. Jan
The United States District Court for the Western District of Wisconsin recently held that a debt collector’s first letter to a consumer in which it noted the amount due but did not make any threats did not violate the Fair Debt Collection Practices Act (“FDCPA”), but that a second letter
The United States District Court for the Eastern District of New York recently dismissed a borrower’s complaint that alleged, among other claims, violations of the Truth in Lending Act (“TILA”). See Ledgerwood v. Ocwen Loan Servicing LLC, No. 15 CIV. 1944 (BMC), 2015 WL 7455505 (E.D.N.Y. Nov. 21, 2015). In
