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

Although the homeowner appeared to allege he should have been granted a loan modification because he satisfied all of the criteria, he failed to identify any contract language or statement that would impose such an obligation. Background Ern Reynolds filed ...

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

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 ...

Tagged with: Banking Judge David J. Novak U.S. District Court - Eastern District

The lawsuit adequately alleged the defendants obtained a valuation by fraudulently omitting information provided to an investment bank and failed to disclose loans. The complaint also sufficiently pleaded facts that plausibly showed Virginia Community Bank, or VCB, and an individual ...

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

The claim against the substitute trustee, seeking to prevent a foreclosure, was fraudulent because the foreclosure had not yet occurred. As such, the Virginia-based substitute trustee was disregarded, meaning there was complete diversity. Background On Jan. 13, 2020, Janie A. ...

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

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