The Supreme Court of New York, Tompkins County, recently granted the “drastic remedy” of dismissing plaintiff bank’s residential foreclosure action against defendant debtors, cancelling the notice of pendency filed in the action and discharging and cancelling the mortgage which plaintiff sought to foreclose, all because of plaintiff’s “pattern of conduct which gave rise to an inference of willfulness.”
In a noteworthy decision for the title insurance industry, the Minnesota Court of Appeals recently held on April 10, 2017 that a title insurance company had no duty to defend its insured in a boundary line dispute when the policy contained defective-description and survey exceptions. See Fischer Sand & Aggregate, LLP v. Old Republic Nat'l Title Ins. Co., 2017 WL 1316130 (Minn. Ct. App. 2017).
In an action to foreclose on two tax liens that were assigned to plaintiff, the New York Supreme Court, Westchester County, recently granted defendant purchasers’ motion for summary judgment dismissing plaintiff’s complaint as against them on grounds that they are bona fide purchasers for value, as well as plaintiff’s motion for summary judgment against the defendant city for negligence mistakenly marking the liens as satisfied.
In a groundbreaking decision issued Monday, the United States Supreme Court held that a city may have the right to bring an action against a lender for violations of the Fair Housing Act of 1968 (“FHA”) when the lender's allegedly discriminatory lending caused large-scale foreclosures and vacancies in predominantly minority neighborhoods.
The United States Bankruptcy Court for the District of New Jersey recently overruled a creditor’s objection to the debtors’ proposed chapter 13 plan, rejecting the association’s argument that its claim is secured by a consensual lien and may not be modified pursuant to 11 U.S.C. 1322(b)(2).
The Northern District of California recently granted defendant bank’s motion to dismiss pro se plaintiffs’ complaint alleging wrongful foreclosure on jurisdictional grounds. See Wyman v. First Am. Title Ins. Co., 2017 WL 512869 (N.D. Ca. Feb. 8, 2017). In the case, plaintiffs obtained a loan from defendant bank secured by a deed of trust on plaintiffs’ residence.
The Second Department of New York’s Appellate Division recently affirmed a lower court’s decision that a title insurance company was not responsible for its policy-issuing agent’s defalcation of escrow funds. See La Candelaria E. Harlem Cmty. Ctr., Inc. v. First Am. Title Ins. Co. of N.Y., 146 A.D.3d 473 (2d Dept. 2017).
The Appellate Court of Illinois recently affirmed a lower court’s decision to grant a lender’s motion for summary judgment to foreclose on a property despite an allegedly forged deed, based on the doctrine of equitable subrogation. See Deutsche Bank Nat'l Trust Co. v. Payton, 2016 IL App (1st) 160305-U (Ill. App. 2017).
The Superior Court of Pennsylvania recently affirmed a lower court’s denial of a lender’s claim for coverage from a title insurance company after a settlement agent misappropriated the closing funds and failed to pay off the prior mortgages on the insured property. See Northwest Sav. Bank v. Fid. Nat’l Title Ins. Co., 2017 WL 253080 (Pa. Super. Ct. 2017).
The United States District Court for the Northern District of New York recently denied plaintiff bank’s motion for default judgment in a foreclosure action and dismissed the complaint for lack of subject matter jurisdiction, finding that plaintiff failed to sufficiently allege the existence of diversity of citizenship to establish subject matter jurisdiction.