Foreclosing bank can’t set aside bankruptcy stay 
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Lender that used wrong form didn’t violate TILA 
Published: December 19, 2011
Tags: mortgage, Regulation Z, Truth in Lending Act
A mortgage lender did not violate federal consumer protection law when it failed to use the correct notice form for a mortgage refinancing, the 4th Circuit has ruled in affirming a dismissal.
Foreclosure firm agrees to reform practices, pay $2M 
Published: October 18, 2011
Tags: Financial Institutions Reform Recovery and Enforcement Act, foreclosures, MERS, mortgage, Mortgage Electronic Registration Systems
A New York law firm with a high-volume foreclosure practice has agreed to pay $2 million and reform its procedures to settle a federal investigation into allegations that it filed misleading documents in state and federal courts.
President’s job plan focuses provisions on small businesses 
Published: September 9, 2011
Tags: American Jobs Act, Congress, income tax, mortgage, President Obama
WASHINGTON – Legislation unveiled by President Barack Obama in a national address on Sept. 8 includes several provisions aimed specifically at small businesses and homeowners.
Foreclosing lender may be liable for consumer fraud 
Published: September 6, 2011
Tags: Consumer Fraud Act, consumer protection, foreclosures, fraud, mortgage
A home lender may be liable for consumer fraud law based on its allegedly breaching of agreements to forbear on foreclosure proceedings, the New Jersey Supreme Court has ruled in reversing a dismissal.
California sues law firms for deceptive mortgage suits 
Published: August 26, 2011
Tags: deceptive marketing, foreclosures, mass joinder, mortgage, mortgage relief
The California Department of Justice and the state bar have sued several law firms and attorneys for deceptive marketing of “mass joinder” lawsuits in the guise of providing mortgage relief to distressed homeowners.
Lawyers exempt from HUD mortgage originator rule 
Published: August 22, 2011
Tags: ABA, HUD, mortgage
WASHINGTON – The Department of Housing and Urban Development issued new final rules setting standards for compliance with the Secure and Fair Enforcement for Mortgage Licensing Act, including a rule that exempts lawyers from the definition of “mortgage originator” when they are providing legal services to their clients.
Borrowers sue over apparent loan mod mishaps 
Published: July 8, 2011
Tags: Bank of America, foreclosure, loan modification, Massachusetts, mortgage, New York
A spate of lawsuits accuse some of the nation’s biggest banks of disregarding what should be binding agreements to reduce the monthly mortgage payments of troubled borrowers.
Army sergeant wins $20 million verdict against mortgage firm 
By:
Tony Ogden
Published: March 23, 2011
Tags: Georgia, mortgage
A federal jury has awarded a Fort Benning soldier more than $20 million against Coldwell Banker Mortgage after the company falsely pursued loan delinquency against him.
Mass. decision could wreak ‘havoc’ on mortgage industry
By:
Phillip Bantz
Published: January 10, 2011
Tags: foreclosure, mortgage, mortgage industry, U.S. Bank v. Ibanez
A recent decision from Massachusetts’ highest court could impact courts across the country and lead to a flood of overturned foreclosures, exacerbating the mortgage mess.
SUBSCRIBERS: Did you receive the new Lawyers USA Weekly Update in your inbox on Monday?
If not, click here to register and learn more now.