Residential Real Estate

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News & Analysis as of May 21, 2013

Ohio Appeals Court Affirms Dismissal Of City’s Public Nuisance Suit Against Banks

by BuckleySandler LLP on 4/5/2013

On March 21, the Court of Appeals of Ohio, Eighth Appellate District, affirmed a trial court’s dismissal of a suit by the city of Cleveland, which sought damages from several financial institutions involved in the creation of...more

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

by Orrick - Structured Finance Group on 1/23/2013

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

Diaz Reus Partner, Israel Reyes, Represents Landmark Hotel Owner In Suit Against German Bank

by Michael Diaz Jr. - Diaz Reus International... on 3/19/2012

In a case with international financial implications, Casa Casuarina LLC, owner of a landmark Miami Beach resort property, is suing its mortgage holder German bank WestLB on multiple counts of alleged fraud. “We are...more

Invasion of Privacy in Condominiums

by Heenan Blaikie LLP on 2/3/2012

A recent case before the Ontario Court of Appeal dealing with the privacy of a Bank customer's personal information, may have some interesting applications for condominium corporations and property managers across...more

Too Little, Too Late For Plaintiff's Fraud-Based Mortgage Lawsuit

by Sheppard Mullin Richter & Hampton LLP on 9/22/2011

In Vaca v. Wachovia Mortgage Corporation, --- Cal.Rptr.3d ----, 2011 WL 3659938 (Cal.App. 4 Dist. 2011), the California Court of Appeal affirmed the dismissal of a fraud claim on statute of limitations grounds. In 2005, the...more

Mortgage Fraud in Miami, South Florida 2nd Highest in USA - But Are Con Artists That Rampant Here in Miami-Dade? No.

by Rosa Eckstein Schechter on 6/30/2011

Mortgage fraud is a national problem that's getting more and more rampant in our area, according to Interthinx, a company that periodically releases its research analysis of national fraud numbers. Its warnings are...more

A New Front in Financial Institution Scrutiny — Treble Damage Threat Against HUD Lenders Based on Alleged Program-Level Failures

by Reed Smith on 5/5/2011

The Department of Justice has served notice that it intends to take aggressive action – and seek billion-dollar recoveries – against banks and residential mortgage lenders on a new front for conduct it alleges amounts to...more

2nd Circuit Sides with Bank on "Next Day" Availability Issue

by Lawrence McElroen on 3/29/2011

This document provdes a link to & Mandell LLP v. Citibank, N.A., 632 F3d 793 (2nd Cir. 2011)(next dyy availability of funds by bank was a provisional advance of funds subjet to setoff rights of bank; UCC 4 governs)...more

Mortgage Fraud - Deceptive Trade Practices Demand Letter

by Patricia L Brown & Associates on 11/1/2010

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more