Cases

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust
By November 18, 2013 0 Comments Read More →

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust

The Seventh Circuit has joined the MERS Wars, affirming dismissal of a suit for unpaid recording fees brought by one Illinois county. While the flood of new MERS litigation is finally dying down, many cases are still winding their way through the appellate courts. Among them are cases involving suits brought by county recorders claiming […]

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Grover v. HomeStreet Bank: Lender Lockout Is Trespass To Land For Which Emotional Distress Damages May Be Recoverable
By November 12, 2013 0 Comments Read More →

Grover v. HomeStreet Bank: Lender Lockout Is Trespass To Land For Which Emotional Distress Damages May Be Recoverable

In Grover v. HomeStreet Bank, et al., the chapter 13 bankruptcy debtor survived a motion to dismiss an adversary proceeding against the lender (Oregon Housing and Community Services) and loan servicer (HomeStreet Bank) to recover damages from an illegal lockout. After commencing a nonjudicial foreclosure, the lender’s agents allegedly entered plaintiff’s property and locked her […]

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Bennett v. Donovan: Non-Borrowing Spouses Still Face Foreclosure of Reverse Mortgages
By November 10, 2013 4 Comments Read More →

Bennett v. Donovan: Non-Borrowing Spouses Still Face Foreclosure of Reverse Mortgages

A district court recently found that a HUD regulation for reverse mortgages violated federal law. Despite some news reports, the court did not hold that a lender is prohibited from foreclosing a reverse mortgage when the property is the principal residence of a non-borrowing spouse. As we will see, for now non-borrowing spouses remain at […]

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Visendi v. Bank of America: Ninth Circuit Dismisses Mass Joinder Foreclosure Suit
By October 24, 2013 0 Comments Read More →

Visendi v. Bank of America: Ninth Circuit Dismisses Mass Joinder Foreclosure Suit

In Visendi v. Bank of America, et al. the Ninth Circuit held that a mass joinder foreclosure suit filed in state court was properly removed to federal court but required dismissal of claims by all but the first named plaintiff. 137 homeowners, including Carla Visendi, sued 25 financial institutions, including Bank of America and Wells […]

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Chen v. Bank of America: Another Post-Sale Challenge Bites the Dust
By September 26, 2013 0 Comments Read More →

Chen v. Bank of America: Another Post-Sale Challenge Bites the Dust

An Oregon District Court judge who earlier held that all post-foreclosure sale challenges are barred under the Oregon Trust Deed Act recently struck again. Plaintiff Alan Chen received notice of a nonjudicial foreclosure sale but did not file a legal challenge until after the sale was complete and the trustee’s deed recorded. Judge Owen Panner […]

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Schlegel v. Wells Fargo: Servicer’s Oops Defense Fails, ECOA Claim Goes Forward
By July 21, 2013 0 Comments Read More →

Schlegel v. Wells Fargo: Servicer’s Oops Defense Fails, ECOA Claim Goes Forward

Does a recent Ninth Circuit opinion suggest a new line of attack for victims of predatory mortgage loan servicing? In Schlegel v. Wells Fargo Bank, the Ninth Circuit held that a servicer’s failure to give an adverse action notice after revoking a loan modification gives rise to a claim under the Equal Credit Opportunity Act […]

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Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred
By July 7, 2013 0 Comments Read More →

Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred

Bad facts make bad law. And that about sums up the sorry case of Mikityuk v. Northwest Trustee Services, Inc., in which an Oregon District Court judge recently held that all post-sale challenges of nonjudicial foreclosures are barred. As always we will start with the facts, but be warned that before we reach a resolution, […]

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Young v. Wells Fargo: First Circuit Holds That Failure to Timely Convert Trial Modification Gives Rise to Breach of Contract Claim
By May 28, 2013 1 Comments Read More →

Young v. Wells Fargo: First Circuit Holds That Failure to Timely Convert Trial Modification Gives Rise to Breach of Contract Claim

Yet another circuit has held that a servicer may be held liable for failure to timely convert a trial loan modification to a permanent modification. The Sadly Typical Story of Susan K. Young The facts in Young v. Wells Fargo are unfortunately typical but also appalling. Plaintiff Susan Young ‘s income fell in 2008 after […]

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Georgia Supreme Court Follows Its Legislative Body And Rejects “The Sensible Approach” To Foreclosure
By May 24, 2013 1 Comments Read More →

Georgia Supreme Court Follows Its Legislative Body And Rejects “The Sensible Approach” To Foreclosure

The Georgia Supreme Court recently answered questions certified to it by a District Court, and the answer is a curious one. The court held that a lender in Georgia may foreclose nonjudicially even if it is not a holder of the note and even though the same lender could not foreclose in court without holding […]

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Oliver v. Delta Financial: Pro-Se Attorney-Homeowner Gives Self Bad Legal Advice and Loses in Court
By October 30, 2012 0 Comments Read More →

Oliver v. Delta Financial: Pro-Se Attorney-Homeowner Gives Self Bad Legal Advice and Loses in Court

If advice is worth only what you pay for it, then Donald Oliver paid a fair price. Oliver, a practicing Oregon lawyer since 1982, filed a pro se complaint in Deschutes County Circuit Court last April asking the court to quiet title to his home. In laymen’s terms, Oliver was asking the court to turn […]

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