Vassalle v. Midland Funding LLC

Citation:
Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)
Ruling:
The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The...
Judge(s):
Circuit Judges Moore and Cole; District Judge Rose, sitting by designation
Tag(s):

Sherzer v. Homestar Mortgage Services

Citation:
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling:
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

Glazer v. Chase Home Finance LLC

Citation:
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling:
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts...
Judge(s):
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Tag(s):

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

Ball Kelly, LLC v. Bank of America, N.A.

Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez)

Citation:
Case No. 11-40056 (5th Cir. September 14, 2012)
Ruling:
Affirmed bankruptcy court's class action certification order providing for class of chapter 13 debtors and injunctive relief against home lender from collecting unauthorized fees.
Judge(s):
Garza, Dennis, and Higginson
Tag(s):

Gale v. First Franklin Loan Services

Citation:
2012 U.S. App. LEXIS 18545 (9th Cir. 2012)
Ruling:
The Court of Appeals for the Ninth Circuit (the "Court of Appeals") affirmed in part the District Court's ruling. The Court of Appeals held that First Franklin Loan Services ("Franklin") was not...
Judge(s):
Sidney R. Thomas, M. Margaret McKeown, and William A. Fletcher, Circuit Judges. Opinion by Judge McKeown.
Tag(s):

Gilbert v. Residential Funding LLC

Citation:
Gilbert v. Residential Funding LLC, Case No. 10-2295 (4th Cir., May 3, 2012)
Ruling:
A lawsuit seeking rescission of a mortgage loan is timely under the Truth in Lending Act where the consumer provided notice of rescission to the subservicer within three years of closing but did...
Judge(s):
Chief Judge Traxler, Judge Floyd and J. Michelle Childs, United States District Judge, District of South Carolina (sitting by designation)
Tag(s):

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