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Tag Archives: Banking

Valid appointment of substitute trustee dooms foreclosure challenge (access required)

Where a borrower claims she did not retain counsel because she relied on a bank representative that foreclosure of her home was “on hold,” and that a lawyer would have  challenged the validity of the appointment of the substitute trustee ...

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Customers’ overdraft fees claim goes forward (access required)

Customers alleging that their bank’s imposition of overdraft fees violated the deposit agreement asserted facts suggesting the deposit agreement was ambiguous and that the bank exercised its contractual discretion in bad faith. The breach of contract claim survived the motion ...

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Mortgagee lacks standing to challenge assignment (access required)

Although the Virginia Supreme Court has never “squarely” addressed whether a borrower lacks standing to challenge the securitization and assignment of his home mortgage, the court’s numerous decisions support that conclusion. Background In 2003, Timothy P. Flinn, a Virginia resident, ...

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‘Speculative’ allegations result in dismissal of fraud claim (access required)

A borrower who failed to allege full compliance with Wells Fargo’s alleged representations about refinancing could not assert a claim for fraud because her failures rendered the falsity of Wells Fargo’s representations speculative. Background Denise M. Barnette originally brought this ...

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