The mortgage loan at issue was executed by Plaintiff on or about June 25, 2008, in favor of IndyMac Bank, F.S.B. (“IndyMac”), and was subject to a Consolidation, Extension and Modification Agreement (the “CEMA”). (Dkt. 47 at ¶ 1; Dkt. 55 at ¶ 1). The CEMA consolidated the following two existing loans and related mortgages that encumbered property located at 827 South Main Street, Geneva, New York
On or about September 1, 2013, IndyMac Mortgage Services, a division of OneWest Bank, F.S.B., transferred the servicing of the Mortgage Loan to Ocwen.
On or about August 11, 2015, Defendant notified Plaintiff that there were issues with her mortgage title that prevented acceptance into HAMP. (Id.).
LIT Comment; In other Words, the Hon. Judge Stephen Wm. Smith is justified again and the Fifth Circuit issued a Corrupt Opinion, Twice.
On April 13, 2021, the panel of this Court considering the appeal in this case requested the views of the Bureau concerning the interpretation of a provision of RESPA, 12 U.S.C. § 2605(k)(1)(C), and a provision of Regulation X, 12 C.F.R. § 1024.35(b).
In particular, the Court’s letter noted that the district court held that “the failure to record instruments does not concern servicing because it does not relate to the receipt or making of payments pursuant to the terms of Plaintiff’s loan with Defendant and therefore is not an error covered by these provisions” and that “errors in the evaluation of loss mitigation options are not covered errors under § 1024.35(b)’s catch-all provision.” Dkt. No. 114 (cleaned up).
Contrary to the district court’s conclusion, the Bureau believes that the servicer’s mismanagement of the borrower’s mortgage loan documents in this case, including the servicer’s failure to record those documents after telling the borrower it would do so, is a covered error under § 1024.35(b)’s catch-all provision.
And although the district court rightly concluded that a servicer’s failure to correctly evaluate a borrower for a loss mitigation option is not a covered error, that narrow exception does not relieve a servicer of its obligation to respond to otherwise valid error assertions that arise in the context of a request for loss mitigation.
Oral Argument Audio
May Day Alert: Deutsche Bank Auctioneers Illicit and Illegal Home Theft Scheme Launched in Harris County
Foreclosure mill lawyers representing the German Bank are taking advantage of elderly and widowed homeowners to circumvent the law for greed.
Trial Judge: Elizabeth A. Wolford, U.S. District Judge
Trial Judge: Marian W. Payson, U.S. Magistrate Judge
Date Filed: 03/01/2018
Date Order/Judgment:
Date Order/Judgment EOD:
Date NOA Filed:
Date Rec’d COA:
04/30/2020
04/30/2020
05/28/2020
05/28/2020
Prior Cases:
None
Current Cases:
None
Panel Assignment: Not available
Kim Naimoli
Plaintiff – Appellant
Javier Luis Merino, Esq., –
Direct: 201-355-3440
[COR LD NTC Retained]
Dann Law Firm
Suite 5
372 Kinderkamack Road
Westwood, NJ 07675Marc E. Dann, Esq., –
Direct: 216-373-0539
[COR NTC Retained]
Dann Law Firm
15000 Madison Avenue
Lakewood, OH 44107
——————————
Ocwen Loan Servicing, LLC
Defendant – Appellee
Patrick G. Broderick, Esq., –
Direct: 561-650-7915
[COR LD NTC Retained]
Greenberg Traurig, P.A.
Suite 300 East
777 South Flagler Drive
West Palm Beach, FL 33401Leah Nicole Jacob, Esq., –
Direct: 212-801-2169
[COR NTC Retained]
Greenberg Traurig, LLP
39th Floor
MetLife Building
200 Park Avenue
New York, NY 10166Ryan Sirianni, Esq., –
Direct: 212-801-6789
[COR NTC Retained]
Greenberg Traurig, LLP
MetLife Building
200 Park Avenue
New York, NY 10166
————————–
Consumer Financial Protection Bureau
Amicus Curiae
Christopher Deal, Esq., –
Direct: 202-435-9582
[COR NTC Government]
Consumer Financial Protection Bureau
1700 G Street, NW
Washington, DC 20552
——————————
National Consumer Law center
Movant
Brian Lewis Bromberg, –
Direct: 212-248-7906
[COR LD NTC Retained]
Bromberg Law Office, P.C.
352 Rutland Road, #1
Brooklyn, NY 11225Eric Andrew Mercer, Esq., –
Direct: 916-361-6022
[COR NTC Retained]
Eric Andrew Mercer, Esq.
Suite 950
770 L Street
Sacramento, CA 95814
National Association of Consumer Advocates
Movant
Brian Lewis Bromberg, –
Direct: 212-248-7906
[COR LD NTC Retained]
(see above)Eric Andrew Mercer, Esq., –
Direct: 916-361-6022
[COR NTC Retained]
(see above)
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Barrington D. Parker is a United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. At the time of his appointment in 2001, Judge Parker was a United States District Judge for the Southern District of New York.
Judge Parker received his B.A. degree from Yale College in 1965 and his LL.B. degree from Yale Law School in 1969.
Judge Parker was law clerk to Judge Aubrey Robinson of the United States District Court for the District of Columbia from 1969 to1970. He then went into private law practice in New York in 1970, serving first at Sullivan & Cromwell until 1977, then as a partner at Parker, Auspitz, Neesemann & Delehanty, P.C. from 1977 to 1987, then as a partner at Morrison & Foerster from 1987 until his appointment in 1994 as a United States District Court Judge for the Southern District of New York.
Robert Katzmann, Judge and Civics Advocate, Dies at 68
Published on June 10, 2021
Robert A. Katzmann, a former chief judge of the Second Circuit U.S. Court of Appeals and a tireless, impassioned advocate of civics education, died June 9. He was 68.
In a statement, Chief Judge Debra A. Livingston praised Katzmann’s “sure and steady leadership” of the Second Circuit. She added, “Judge Katzmann, with his commitment to civic education, also had a vision for the Circuit – that the judiciary might lend a steadying hand to our democracy by helping to educate the citizenry about the rule of law and the role of judges.”
Katzmann envisioned and co-created a dynamic learning center in the Thurgood Marshall U.S. Courthouse in New York City. The flexible design is adaptable to many uses and includes a podcasting studio.
