Bankruptcy, Business Torts, Residential Real Estate

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

by David Dreifus | Poyner Spruill LLP on 12/19/2012

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

Nondischargeable Debts: Some Lies Matter More Than Others

by Pepper Hamilton LLP on 10/25/2012

Originally published in Law360 on October 23, 2012. In Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012), the debtors made false statements regarding their ownership of particular real estate. The Fifth...more

FHFA Can Pursue Claims Against Non-Debtor Affiliates of Residential Capital

by Orrick - Structured Finance Group on 7/31/2012

On July 17, Judge Denise Cote of the United States District Court for the Southern District of New York ruled that the Federal Housing Finance Agency (“FHFA”) can pursue certain RMBS-related claims against affiliates of...more

Credit Crunch Digest -- June 2012

by Sedgwick LLP on 7/2/2012

This digest collects and summarizes recent media reports regarding potential liability, government initiatives, litigation and regulatory actions arising from the subprime mortgage crisis and credit crunch, including cases of...more

Bankruptcy Law: Tousa Update - June 2012

by David Conaway | Shumaker, Loop & Kendrick, LLP on 6/18/2012

We reported to you in detail about the Tousa Bankruptcy Court decision in November, 2009 which found payments to lenders and the grant of associated liens were avoidable as fraudulent conveyances. The impacted Tousa lenders...more

Attorneys General Complaint on Mortgage Practices

by Orrick, Herrington & Sutcliffe LLP on 3/13/2012

On March 12, a complaint was filed in the U.S. district court for the District of Columbia by the DOJ and the attorneys general of 49 states and the District of Columbia against Bank of America, JPMorgan Chase, Wells Fargo,...more

Plaintiff v. U.S. Bank, N.A.; Wells Fargo Bank, N.A.; First American Loanstar Trustee Services LLC; and First American Title Insurance Company

California Complaint for Wrongful Foreclosure, Promissory Estoppel, Quiet Title, Slander of Title, Violation of the Security First...

by Cameron Totten on 2/15/2011

My latest masterpiece! :) This action arises out of the wrongful foreclosure of a residential property in Los Angeles County, California. As alleged, the securitized trust did not have standing to foreclose on the property...more