Consumer Protection › Business Torts › Residential Real Estate

CFPB announces settlement of four enforcement actions against mortgage insurers

The CFPB announced the settlement of enforcement actions brought in federal district court in Florida against four national mortgage insurers involving allegations that the insurers paid kickbacks to mortgage lenders in...more

Redfin “Offer Insights”: Concerns Raised Over Online Posting Of Contract Negotiation Details

Controversial New Internet Practice Raises Confidentiality Concerns & Realtor® Scorn The internet based real estate brokerage company, Redfin, is now arming buyers and sellers with insight into the negotiations that take...more

Real Estate Sellers: Keep Those Skeletons in Your Closet!

Recently, the Pennsylvania Superior Court held that sellers of residential real estate are under no duty, pursuant to the Real Estate Seller Disclosure Law, 68 Pa.C.S. §7101 et seq. (“RSDL”), to disclose prior to a sale that...more

Manhattan U.S. Attorney Files Mortgage Fraud Lawsuit Against Wells Fargo Bank, N.A. Seeking Hundreds of Millions of Dollars in...

The following allegations are based on the Complaint filed today in Manhattan Federal court: WELLS FARGO, the largest originator of home mortgages in the United States, has been a participant in the Direct Endorsement Lender...more

Feed a pig, but slaughter a hog!

When your settlement company doesn't record your deed, and takes your money, you may have to push your lender to do the right thing, or make claim on your owner's title insurance policy. Most lenders will make claim on their...more

Brokers Compliance Group - Risk Management for Mortgage Brokers

I am pleased to announce the launch today of our new mortgage risk management support for mortgage brokers:* Brokers Compliance Group For quite some time, I have believed that mortgage brokers are an under-served...more

CFPB Exercises Enforcement Authority Against Alleged Mortgage Modification Scheme

On July 18, the CFPB filed suit against a group of California companies and individuals alleged to have orchestrated a mortgage modification scam in violation of the Consumer Financial Protection Act and Regulation O....more

CFPB's Flatland Fee

Kicked in the gut by a "flat fee" proposal, the already winded mortgage industry seems to be barely able to catch its breath from the CFPB's recent lurching toward yet another vaguely expected and somewhat ill-defined...more

Construction Oberview: Maryland Court of Appeals Rules that Consumer Protection Act Applies to Condominium Resale Disclosures

In a unanimous opinion filed on April 30, 2012, the Maryland Court of Appeals has established that provisions of the Maryland Consumer Protection Act apply to the information contained in a condominium resale certificate. The...more

The SAR catches a RAT

Can a SAR catch a RAT? In its just released review of Suspicious Activity Report (SAR) trends, tips, and issues, FinCEN included a brief, but illustrative statement about how a SAR filing eventually led to an indictment...more

Fair Lending Compliance - Some Red Flags

The Consumer Financial Protection Bureau (CFPB) will make Fair Lending a focus of its examinations. I have written extensively on these examinations. Our firm is committed to providing comprehensive audit and due...more

CFPB Issues S.A.F.E. Act Examination Procedures

On March 7, 2012, the Consumer Financial Protection Bureau (CFPB) issued guidance regarding examination procedures pertaining to compliance with the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act or...more

Controlling Credit Risk

In this article I provide a brief outline of two key areas where credit risk review and risk management conjoin directly to impact a financial institution’s capability to conduct business and manage a thicket of regulations....more

Ohio Supreme Court to Decide If Mortgage Servicers Are Subject to Ohio Consumer Laws and Penalties

Are mortgage servicers subject to the Ohio Consumer Sales Practices Act, O.R.C. § 1345.01, et seq. (“CSPA” or “Act”)? Two federal judges have recently asked the Ohio Supreme Court to decide...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...

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

Small Business & Bankruptcy: Arizona Bankruptcy Attorney

Many dream of the day when they can start their own business. Unfortunately for some once the dream finally happens it ends all too soon. I am seeing many businesses that were quite successful for a number of years who have...more

Plaintiff v. JPMorgan Chase, Quality Loan Services, Chase Home Finance and LPS Default Solutions

Second Amended Complaint

This action arises out of one of the thousands of "surprise" foreclosures in California which result from horribly one-sided California foreclosure laws. Specifically, in California, personal notice of a trustee's sale is...more

Illinois Supreme Court Holds That Oral Contracts Not Necessarily Unenforceable, But Why Risk It?

On September 23, 2010, the Illinois Supreme Court held that, pursuant to Illinois' Home Repair and Remodeling Act ("Act"), oral contracts were not necessariliy unenforceable. As such, contractors owed money pursuant to oral...more

Plaintiff v. JPMprgan Chase, Quality Loan Services

Complaint for Violation of the One Action Rule, Breach of Contract, Wrongful Foreclosure, Promissory Estoppel, Fraud, Negligence,...

This Complaint arises out of the wrongful foreclosure of residential property after the foreclosing lender promised that it would not foreclose while a forebearance agreement and loan modification were in place and/or being...more

Plaintiff v. JPMprgan Chase, Quality Loan Services

Complaint for Violation of the One Action Rule, Breach of Contract, Wrongful Foreclosure, Promissory Estoppel, Fraud, Negligence,...

This Complaint arises out of a "surprise" foreclosure after promises had been made by the lender that it would not foreclose. Thereafter, the foreclosure trustee refused to provide the surplus funds from the sale to the...more

Plaintiff v. U.S. Bank, Specialized Loan Servicing, et al.

Plaintiffs' Opposition to Defendants' Demurrer to Complaint

This Opposition is in response to a Demurrer to a wrongful foreclosure matter. Specifically, it addresses the standing of the foreclosing trustee and alleged beneficiary to foreclose on the property. Here, MERS allegedly...more

Plaintiff v. U.S. Bank and Barclays

Opposition to Demurrer by Foreclosing Defendant regarding Tender Rule, MERS and Preemption of Unlawful Detainer Judgment

Here is an opposition to a demurrer filed by the foreclosing defendant which was a trustee for a mortgaged-backed securities fund. The issues were the preemption of the post-foreclosure unlawful detainer judgment, the role...more

Plaintiff v. U.S. Bank, Credit Suisse, et al.

Plaintiff's Opposition to Defendants' Demurrer to Complaint

This opposition was filed to Defendants' Demurrer to Complaint. The Complaint arises out of the predatory lending and wrongful foreclosure of the Plaintiff's residential property. The causes of action include California...more

California RESPA Lawyer Explains the RESPA Prohibitions Against Kickbacks and Fee Splitting

RESPA, the Real Estate Settlement Procedures Act, was passed to address abusive practices such as kickbacks or referral fees that can result in higher costs to the home buyer. However, as a lawyer with RESPA experience,...more

California Real Estate Lawyer Examines Real Estate Contracts for Legality and Damages in Contractual Breach Cases

Eventually, there will be a return to the time when people bought and sold their homes on a more frequent basis. When that time comes and the economy has returned to what we used to think of as normal, you will need to know...more