Where there is a “branch office” within 200 miles of the borrower’s home, federal regulations require a bank to conduct a face-to-face meeting before initiating foreclosure proceedings. However, that obligation is only triggered where the “branch office” conducts some business ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Judge Pamela A. Harris

Where a former homeowner who lost her house in foreclosure failed to proper­ly object to discovery and repeated pre­viously-rejected arguments in a second motion to dismiss, her motion was denied and she was ordered to respond to dis­covery by Deutsche ...

Tagged with: Banking Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a credit card customer agreement plainly gave a bank the authority to charge interest to cardholders who had not paid their previous account balance in full and were charged interest on purchases they made during the following billing period, ...

Tagged with: Banking Judge Liam O'Grady U.S. District Court - Eastern District

A borrower who stopped making payments on a home equity loan more than two years after the time in which to seek rescission of the loan had expired did not have a valid claim against the banks and loan servicing ...

Tagged with: Banking Judge Henry E. Hudson U.S. District Court - Eastern District

Where a mortgagee had an undisputed outstanding principal balance of $60,000, his tender of a $890 money order with the words “tendered as full satisfaction of the claim” inscribed in tiny, nearly indecipherable handwriting at the bottom and the mortgage ...

Tagged with: Banking Judge Robert E. Payne U.S. District Court - Eastern District

Homeowners cannot demand that the defendants produce the original note for inspection because such a demand is contrary to Virginia’s non-judicial foreclosure laws. In addition, the homeowners lack standing to contest the assignments of the deed, the appointment of substitute ...

Tagged with: Banking Judge Leonie Brinkema U.S. District Court - Eastern District

A credit union that alleges defendants used improper tactics to recover its debt failed to establish that its suit was properly filed in the Eastern District of Virginia. The court found that 28 U.S.C. § 1332(c) does not apply to ...

Tagged with: Banking Judge Anthony J. Trenga U.S. District Court - Eastern District

A homeowner who became frustrated after multiple unsuccessful attempts to request loan modification or loss mitigation relief did not adequately state a claim his provider violated the loss mitigation rules because he had already availed himself of the loss mitigation ...

Tagged with: Banking Judge Robert G. Doumar U.S. District Court - Eastern District

The bank’s lien survived the foreclosure sale and remained superior to a tax lien filed by the Internal Revenue Service. Because the IRS did not receive proper notice, the tax liens were not discharged by the nonjudicial foreclosure sale, and ...

Tagged with: Banking Judge James P. Jones U.S. District Court - Western District

The court held that because the bank, as a mortgagee, did not have a “branch office” within 200 miles of a woman’s home, it was exempt from the requirement to offer or conduct a face-to-face meeting with her before it ...

Tagged with: Banking Judge Elizabeth K. Dillon U.S. District Court - Western District