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Home | Tag Archives: Supreme Court

Tag Archives: Supreme Court

Supreme Court: Secondary Markets Not Subject to FDCPA Regulations

On Monday, a unanimous Supreme Court decision could have vast implications for the mortgage and loan industry, particularly the secondary market, unless the Fair Debt Collection Practices Act is amended by Congress. The petitioners brought their case in front of the Supreme Court in an appeal of the 4th Circuit Court ruling in favor of the respondent. Justice Neil Gorsuch delivered his first opinion since his conferral to the Court.

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Supreme Court: Late Bankruptcy Claims Not Subject to FDCPA Lawsuits

In a decision on Monday, the Supreme Court ruled that under the Fair Debt Collection Practices Act (FDCPA), debt collectors that knowingly pursue stale debt in bankruptcy proceedings do not run the risk of facing potential consumer protection lawsuits, Law360 reports. The ruling came after the high court voted 5-3 to overturn an Eleventh Circuit decision which had found Midland Funding LLC, a purchaser of unpaid debt, potentially liable under the FDCPA.

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Cities May Sue Banks Over Foreclosure, Industry Reacts

According to the Supreme Court, Miami has the standing to sue Bank of America Corp. and Wells Fargo & Co. under the Fair Housing Act, stating that the banks’ discriminatory and predatory lending practices led to a major shortfall in city tax revenues. We hear from industry lawyers on the case to gauge its implications.

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Florida Supreme Court Terminates State Mediation Program

Florida's mandatory foreclosure mediation program has come to an end. State Supreme Court Chief Justice Charles Canady issued an order this week stating that no new cases may be referred to mediators as part of the court-run initiative and citing the program's lack of success in resolving foreclosure disputes between lenders and borrowers. Data released earlier this year showed that only 4 percent of eligible mediation cases ended in a settlement.

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Michigan Supreme Court Reverses Ruling on MERS’ Right to Foreclose

The Michigan Supreme Court ruled Wednesday that MERS, as record-holder of the mortgage, does have the right to initiate foreclosures in the state. The decision reverses an April ruling from the Michigan Court of Appeals, which called into question thousands of cases in which MERS was named as the foreclosing party. The appellate court's judgment sent shockwaves through the distressed housing market in Michigan. Now, with the higher court's ruling, sales of homes that had been foreclosed in the name of MERS can proceed.

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State Court Voids Home Sale Due to Improper Foreclosure

A Massachusetts man lost something he never had -- his home. The Masachusetts Supreme Judicial Court ruled this week that when Francis Bevilacqua purchased the home from U.S. Bank in 2006, the bank did not actually hold the home's title. The court ruled that because U.S. bank did not own the mortgage when it foreclosed upon the property, it did not obtain a title in the foreclosure. Therefore, Bevilacqua did not purchase a legal title when he made the purchase.

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Supreme Court Declines to Review MERS Challenge

The United States Supreme Court has denied a writ of certiorari in a case involving MERS, refusing to reconsider a California court ruling, which upheld MERS' right to initiate foreclosures. The Supreme Court of the State of California previously refused to review the initial decision, leading San Diego foreclosure attorney Ehud Gersten to elevate his client's case to the U.S. Supreme Court. ""It is disappointing,"" Gersten told DSNews.com, adding that a Supreme Court ruling would have ended state-by-state discrepancies in MERS cases.

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New Jersey Lifts Its Final Foreclosure Ban

New Jersey's Superior Court has lifted the last of six injunctions handed down late last year, giving Ally Financial and its GMAC Mortgage unit the go-ahead to resume foreclosure actions in the state. The Superior Court judge issued an order this week stating that GMAC had demonstrated the ""reliability of its processes"" and is ""permitted to resume prosecution of uncontested foreclosure proceedings."" Five other servicers were given the green light to begin the regular order of processing foreclosures in the state last month.

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MERS Case Filed with Supreme Court

Among the ongoing court cases surrounding the right of Mortgage Electronic Registration Systems' (MERS) to foreclose homes, one case out of California has been elevated to the Supreme Court. A San Diego foreclosure attorney filed a petition with the Supreme Court last week asking for a review of a California appellate court's decision that affirmed MERS' right to foreclose. This is the first case to be elevated to the Supreme Court, according to the attorney for the homeowner.

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