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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

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Summarizing by David Treacy

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Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

  • Summarized by Jin Kim , Allen & Overy LLP
  • 9 years 1 month ago
Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

Mack v. ResCap Borrower Claims Trust

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 1 month ago
Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

Patrick v. CitiMortgage, Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 1 month ago
Citation:
Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
Judge(s):
Merritt, Clay and Donald
Tag(s):

Birmingham v. PNC Bank, N.A.

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 1 month ago
Citation:
No. 15-1800 (4th Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit determined that the provisions of the deed of trust cited to by the Debtor do not create " ' separate or additional security interest[s]. nut [are] merely [] provision[s] to...
Judge(s):
U.S. Disitrict Judge Gerald Bruce Lee, sitting by designation, and Circuit Judges Thacker and Harris
Tag(s):

Perron v. J.P. Morgan Chase Bank, N.A.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 9 years 2 months ago
Citation:
No. 1:12-cv-01853 (7th Circuit, Jan 11,2017) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the District Court’s grant of summary judgment to a mortgage lender, finding that the lender’s responses to informational requests substantially complied with RESPA...
Judge(s):
Sykes, Easterbrook, Williams
Tag(s):

Lovegrove v. Ocwen Home Loans Servicing, L.L.C.

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 2 months ago
Citation:
No. 15-2158 (4th Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

The court employed a "commonsense inquiry" to determine whether the communication constitutes an attempt to collect a debt.  Judge Shedd concluded that "the communications were for...

Judge(s):
Before Judges Shedd, Keenan and Senior Judge Davis
Tag(s):

Tidwell v. JPMorgan Chase Bank, N.A. (In re Prommis Holdings, Inc.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 9 years 2 months ago
Citation:
15-4097 (3rd Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

District Court properly dismissed appellant-pro se litigant's appeal for lack of prosecution based on the six-factor test under Poulis v State Farm, 747 F.2d 863 (3d Cir. 1984). ...

Judge(s):
Ambro, Krause and Nygaard
Tag(s):

Bates v. CitiMortgage, Inc.

  • Summarized by David Baker , Law Office of David G. Baker
  • 9 years 3 months ago
Citation:
16-1228 (1st Circuit, Dec 14,2016) Published
Case Status:
Affirmed
Ruling:

The First Circuit affirmed the bankruptcy court's decision that a 1099-A form sent by the mortgagee did not violate the discharge injunction.

Judge(s):
Lynch, Thompson (author) and Barron
Tag(s):

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