Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: Banking

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, ...

Read More »

‘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 ...

Read More »

‘Branch’ must handle mortgage business to trigger meeting rule (access required)

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 ...

Read More »