Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 10 months ago
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)
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 11 months ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 1 month ago
Citation:
11-4092
Ruling:
Securitization and pooling of a mortgage that names MERS as the beneficiary does not prevent the beneficiary named in the mortgage from initiating a foreclosure under Utah law.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 3 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
