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Results: 1-10 of 118

Mortgage-related litigation declined in Q4, but remains at historic levels

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • April 4 2013

Mortgage Daily's Fourth Quarter 2012 Litigation Index indicates that while litigation activity in the mortgage industry has been declining, there are

Trustee and loan servicer are in privity for purposes of applying res judicata

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

The U. S. District Court for the Middle District of Georgia has joined district courts from Alabama, Nevada, and Tennessee in holding that for

Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency

Washington Supreme Court: trustee's actions in nonjudicial foreclosure violated consumer law

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

The Washington Supreme Court has held that a trustee's practice in a nonjudicial foreclosure of deferring to the lender on whether to postpone a

CFPB files another motion to dismiss in D.C. case challenging Cordray appointment

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 5 2013

Because it includes a challenge to Director Cordray's appointment, we continue to follow the case filed this past June in federal court in Washington

DOJ fights back on recess appointments in Third Circuit

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 5 2013

Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of

Supreme Court rejects CFPB position in FDCPA case

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 4 2013

A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in

Kentucky county clerks cannot sue MERS for failure to record mortgage assignments, Sixth Circuit rules

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • February 27 2013

The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court's dismissal of a putative class action filed against Mortgage

Federal judge refuses to dismiss Arizona mortgage class action alleging interest rate fraud

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • February 21 2013

On January 25, 2013, a federal judge in Arizona refused to dismiss a class action lawsuit against an Arizona-based mortgage company in a case

MERS has power to assign interest in deed of trust, borrower can challenge assignment of mortgage, First Circuit rules

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • February 20 2013

Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under