News & Analysis as of

Real Estate Settlement Procedures Act Dismissals

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

BCLP

RESPA is a Shield, Not a Sword

BCLP on

In a case of first impression, the Fifth Circuit held that a defendant is not required to plead as an affirmative defense under the Real Estate Settlement Procedures Act that it had complied with Section 1024.41 of the Code...more

Seyfarth Shaw LLP

The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

Seyfarth Shaw LLP on

In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more

Foley & Lardner LLP

RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee

Foley & Lardner LLP on

On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act (“RESPA”) case (“Baehr”), granting a defense motion for summary judgment. The court dismissed the action...more

A&O Shearman

Western District Of Washington Dismisses Securities Class Action For Failure To Adequately Allege Material Misstatements And...

A&O Shearman on

On October 2, 2018, Judge John C. Coughenour of the United States District Court for the Western District of Washington dismissed a putative class action against Zillow Group, Inc. and certain of its executives asserting...more

Goodwin

CFPB Dismisses Administrative Proceedings Against PHH Corp.

Goodwin on

On June 7, 2018, the Consumer Financial Protection Bureau (CFPB) issued an order dismissing administrative proceedings against PHH Corp. The dismissal follows a January ?31, 2018 opinion by the U.S. Court of Appeals for the...more

Ballard Spahr LLP

CFPB dismisses PHH case

Ballard Spahr LLP on

As expected, CFPB Acting Director Mick Mulvaney has signed an order directing that the Notice of Charges filed against PHH be dismissed and terminating the matter.  The order indicates, that in dismissing the matter, Mr....more

Ballard Spahr LLP

CFPB expected to dismiss PHH case

Ballard Spahr LLP on

American Banker has reported that that CFPB is planning to dismiss its lawsuit against PHH.  According to the American Banker report, the CFPB and PHH have issued a joint statement in which the parties confirm that they have...more

Carlton Fields

Court Dismisses Suit By Rehabilitator For PMI Insurer Against Captive Reinsurer And Affiliated Bank

Carlton Fields on

A district judge in the Northern District of Illinois has dismissed all claims brought by the Illinois Director of Insurance, acting as rehabilitator for Triad Guaranty Insurance Corporation and Triad Guaranty Assurance...more

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