Mortgage Servicers Archives - Page 46 of 46

Quiet Title Review in Smitherman Case

In June 2016, Smitherman filed his fourth lawsuit in state court relating to this mortgage dispute to prevent a fourth foreclosure attempt.

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Texas enforces Subpoenas against Servicers – HB 2823

HB 2823 is an Act relating to the issuance and enforcement of a subpoena during the course of an investigation of a...

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A Failed Recusal and An Investment Lost

A disgruntled residential property investor gets no sympathy at the Fifth Circuit, keeping Deutsche Bank and Ocwen as the winners in this...

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Millions of Credits, it’s all Rather Taxing

Williams brought this commercial mortgage lawsuit for breach of contract, among other claims, which has been sent back to the lower court...

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A ‘Genuine Dispute’ gets Deutsche Bank a Reprieve

Castrellon brought this lawsuit, saying that agreement was made with Deutsche Bank but they later reneged. That's fine says the Fifth Circuit,...

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A Valentines Day Opinion with a Thorny Message for Homeowners

The homeowners brought this lawsuit, but failed to present arguments sufficiently. The court 3-panel said if it was done correctly, it could...

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Duplication of Case Earns Short Shrift at Fifth

A one-liner from the Fifth Circuit dismissing homeowner's lawsuit. This appeal is dismissed for want of jurisdiction based upon binding precedent in...

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Are You Bloody Kidding Thrice? And a Caution

In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but...

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Texas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit

A TDCA claim by the Clarks' at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this...

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Texas Orders Ocwen to Cease and Desist, then Settles with PayOff

Ocwen, a residential mortgage servicer in Texas was ordered to cease and desist by the Texas Department of Savings and Mortgage Lending.

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Green Tree’s Questionable Loan Modification Gets Nod from Fifth

In this case, homeowner Strong claimed TDCA regarding loan mod, but the Fifth Circuit dismissed arguments again, even though Green Tree did...

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To QWR or Not, That is the Question

CitiMortgage sought to foreclose on Maldonado’s home; in the subsequent litigation, it offered summary judgment evidence that he owed a balance of...

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We don’t care if the Loan was Extinguished by Prior Payments, Foreclose on the Homeowner anyway

Shaver alleged that a servicer “was unjustly enriched by failing to apply credit default swap payments and other payments to their loan...

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No Leave Allowed when Not Requested and No Contract when You’re Late

Leave to Amend Motion to Dismiss: we conclude that Law did not request leave to amend his complaint at the district court...

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The Nation’s Largest Default Processing Operation is….

The Barrett Burke outsourcing operations, which in 1998 handled approximately 43 percent of all defaults experienced by MBA (Mortgage Bankers Association of...

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No Accounting Needed, Just a Questionable Statement via Affidavit is Suffice to Foreclose

If you’re not familiar with the affidavit sham, take notice. Banks, foreclosure lawyers, servicers and their employees are committing perjury via false...