A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe ...

Tagged with: Banking Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the plaintiffs alleged a bank violated § 1681s-2(a) of the Fair Credit Reporting Act by supplying information known to be incorrect to a credit reporting agency, the claim was dismissed because there is no private right of action under ...

Tagged with: Banking Judge Glen E. Conrad U.S. District Court - Western District

Where a dispute arose between the Elks Grand Lodge and a local lodge over $666,090 deposited with a bank, the funds were awarded to the national group after the local lodge failed to file an answer or respond to the ...

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

A homeowner who claimed the bank was required to hold a face-to-face meeting before foreclosing on her home had her suit dismissed. The meeting requirement applies only if the bank has a branch within 200 miles of the property, and ...

Tagged with: Banking Judge Rebecca Beach Smith U.S. District Court - Eastern District

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 ...

Tagged with: Banking Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a homeowner argued her failure to timely file her claim that the bank wrongfully foreclosed on her home should be excused because she did not discover the allegedly fraudulent statements at the time they were made, and where the ...

Tagged with: Banking Judge Douglas E. Miller U.S. District Court - Eastern District

A homeowner alleging various claims against financial institutions arising out of the foreclosure of her home failed to have the case remanded to commonwealth court. Instead, one defendant was dismissed, and the claims against the other defendant were dismissed with ...

Tagged with: Banking Judge Rebecca Beach Smith U.S. District Court - Eastern District

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 ...

Tagged with: Banking Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the homeowner timely removed a lawsuit seeking to take possession of real property she formerly owned, there was complete diversity between the parties and the property was valued at more than $75,000, the bank’s motion to remand was denied. ...

Tagged with: Banking Judge Joel Hoppe U.S. District Court - Western District

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, ...

Tagged with: Banking Judge Glen E. Conrad U.S. District Court - Western District