Robert Scott

Robert Scott

Ballard Spahr LLP

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New York Appellate Court Confers Standing on Assignee of Note Previously Discharged in Bankruptcy

A mortgage lender has standing to foreclose even when it obtains assignment of the underlying promissory note after the note has been discharged in bankruptcy, a New York appellate court has ruled. The case arose after the...more

7/28/2015 - Chapter 7 Consumer Bankruptcy Dischargeable Debts Foreclosure Mortgage Lenders Mortgage Servicers Mortgages Promissory Notes

Borrowers’ Counsel Sanctioned for Frivolous Lawsuit Against Lender Who Attempted to Resolve Foreclosure Action

An Ohio appellate court has affirmed an order of sanctions against counsel for borrowers who filed a frivolous lawsuit against the lender alleging fraud, breach of contract and estoppel in connection with failed attempts to...more

7/27/2015 - Attorney's Fees Default Financial Institutions Foreclosure Frivolous Lawsuits Loans Mortgage Lenders Mortgages Real Estate Market Rule 11

Maryland High Court: Mandatory Arbitration Hinges on “Entire Agreement,” Not “Single-Document Rule”

A mandatory arbitration provision is enforceable even when not contained within the four corners of a retail installment sales contract between a consumer and an automobile dealer, Maryland's highest court has ruled....more

7/8/2015 - Arbitration Agreements Car Dealerships Mandatory Arbitration Clauses Retail Installment Sales Contracts

Foreclosure Notices Subject to FDCPA, Federal Court Finds

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy &...more

6/5/2015 - Debt Collection FDCPA Foreclosure Popular Written Notice

Voluntary Dismissal of Foreclosure Action Does Not Entitle Borrower To Attorneys’ Fees, Florida Court Rules

The voluntary dismissal of a foreclosure action pursuant to a settlement agreement does not make the borrower the “prevailing party” for purposes of a motion for attorneys’ fees, the Florida Court of Appeals has ruled. The...more

4/7/2015 - Attorney's Fees Dismissals Foreclosure Mortgage Lenders Mortgages

‘Primary User’ of Cell Phone Number Can Sue under TCPA, Florida Federal Court Holds

The "primary user" of a cell phone line has standing to sue under the Telephone Consumer Protection Act (TCPA), even when another party is the actual subscriber to the service, a federal court in Florida has ruled. The case...more

3/31/2015 - Cell Phones Corporate Counsel Standing TCPA

Deed of Trust Assignment without Debt Transfer Does Not Trigger TILA Notification Obligation, Maryland District Court Rules

The mere assignment of a deed of trust without a transfer of the underlying mortgage debt does not trigger a lender's obligation under the Truth in Lending Act (TILA) to notify the borrower of the assignment, according to a...more

2/17/2015 - Assignments Deed of Trust Mortgages Truth in Lending Act (TILA)

Maryland High Court Limits Liability of Assignee Lenders under State's Secondary Mortgage Loan Law

In a recent ruling, the Maryland Court of Appeals substantially limited claims of second mortgage loan borrowers under the state's Secondary Mortgage Loan Law (SMLL), holding that an assignee of a second mortgage is not...more

7/7/2014 - Assignments Borrowers Lenders Mortgages

Maryland Narrows Time Frame for Seeking Deficiency Judgments against Borrowers

The amount of time that mortgage lenders and servicers have to seek a deficiency judgment against borrowers will be shortened from 12 years to three years under new legislation enacted in Maryland. The new law takes effect...more


Court Upholds Constitutionality of Pennsylvania Recording Statute

A class action suit against Mortgage Electronic Registration Systems (MERS) in Pennsylvania will go forward after a federal district court ruled that the state recording statute is constitutional. The court ruled that the...more

5/7/2014 - Class Action MERS Real Estate Transfers Recording Requirements

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the...more

3/17/2014 - Action to Quiet Title Attorney Misconduct Breach of Contract Unjust Enrichment

Alabama Federal Court Ruling May Enable Borrowers with Tenants To Challenge Foreclosures

A recent decision from the U.S. District Court for the Northern District of Alabama may provide borrowers who rent portions of their property to tenants with an avenue for challenging a foreclosure. The court's analysis...more

1/20/2014 - Assignments Borrowers Foreclosure Mortgages Motion to Dismiss Tenants

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. ...more

11/4/2013 - Abuse of Process Attorney's Fees Frivolous Lawsuits

HUD Rule Allowing Lenders To Demand Immediate Reverse Mortgage Repayments from Widowers Violates Federal Law, Court Holds

A Washington, D.C., District Court ruled recently that a Housing and Urban Development (HUD) regulation allowing lenders to demand that widowers immediately repay reverse mortgage loans upon the death of their spouses...more

10/29/2013 - HUD Lenders Mortgages Reverse Mortgages

HOLA Does Not Preempt Fraud Claims against Mortgage Loan Servicer, California District Court Rules

The Southern District of California recently held that claims against a mortgage loan servicer are not preempted by the Home Owners Loan Act (HOLA) when they rely on "general allegations of misrepresentation" and are only...more

9/5/2013 - Fraud HOLA Mortgage Loan Servicing Standards Mortgage Servicers Mortgages Preemption

Assignees Not Liable for Lender Violations of Maryland Secondary Mortgage Loan Law, Appeals Court Holds

In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an...more

5/20/2013 - Assignees Borrowers Lenders Mortgages

Ballard Spahr Obtains Win for Servicers Holding Notes

The Maryland Court of Appeals has ruled in Deutsche Bank National Trust Co., Trustee v. Brock that a servicer possessing an original promissory note endorsed in blank — the most common type of endorsement for thousands of...more

4/12/2013 - Deutsche Bank Foreclosure Loan Servicer Mortgage-Backed Securities Mortgages

Mortgage Banking Update - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

Title Insurers Not Liable For Agent's Negligence

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

1/31/2013 - Agents Exclusionary Clauses Land Titles Mortgages Negligence Respondeat Superior Title Insurance Title Search

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