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  Legal description mistake leads to lien seniority issues Wednesday, November 14, 2018 When a couple defaulted on payments on a deed of trust encumbering their vacation home, the trustee for the deed of trust ordered a trustee’s sale of the property. After the sale, they discovered a mistake on the legal description that omitted the majority of the land intended to secure the note. The mistake introduced issues of seniority in lien status and prevented the trustee from reforming the original deed of trust. Read on for more details. |
 U.S., delinquent taxpayer dispute right to forecloseWednesday, November 14, 2018 As part of a case that involved multiple parties’ efforts to quiet title to, or foreclose upon, 15 parcels of property encumbered by federal tax liens, the United States and a delinquent taxpayer disputed the United States’ right to have foreclosed on the liens. The taxpayer argued that the property actually was held by a separate entity and is entitled to damages for the taking and sale of the property. Read on for more details. |
Twenty-two associations urge vote on KraningerWednesday, November 14, 2018 Twenty-two industry associations wrote to Senate leadership, as well as the Senate Banking Committee, supporting the nomination of Kathy Kraninger as the director of the Consumer Financial Protection Bureau and urging the Senate to confirm her nomination. Read on for more details.
Montgomery attorney sentenced for defrauding HUDWednesday, November 14, 2018 A former Montgomery attorney was sentenced to time in prison for defrauding the U.S. Department of Housing and Urban Development of more than $1 million. Read on for more details.
U.S. sues USB for fraud in selling RMBS Wednesday, November 14, 2018 In federal court for the Eastern District of New York, the United States filed a civil complaint against UBS AG and several of its United States affiliates, alleging that UBS defrauded investors throughout the United States and the world in connection with its sale of residential mortgage-backed securities (RMBS) from 2006 through 2007. Read on for more details.
 Owner sues for malpractice for mistitling of property Monday, November 12, 2018 During bankruptcy proceedings, the owner of several investment properties discovered that some of the properties had been incorrectly titled into his personal name and the name of another entity, rather than a particular business, ultimately causing him to lose the properties. He claimed that the real estate attorney that had conducted the transactions had committed malpractice because he was in charge of titling the properties properly. Read on for more details.
 Does FDCPA claim run afoul of Rooker-Feldman?Monday, November 12, 2018 Following a state foreclosure lawsuit over the property on which they defaulted, a New Jersey couple sued a law firm acting as a debt collector for violations of the Fair Debt Collection Practices Act. The law firm moved to dismiss, claiming the Rooker-Feldman doctrine kept the couple from making the same claims against the firm which it did in the state case.
Appeal upheld after ‘nonsensical’ complaintMonday, November 12, 2018 A couple who defaulted on their mortgage and had their home sold at a trustee sale sued their servicers, claiming violations of the California Homeowner Bill of Rights and the state laws against unfair and deceptive practices. The district court upheld the servicers’ demurrers and the couple appealed.
Foreclosure denied over statute of limitations Monday, November 12, 2018 After an unsuccessful attempt to foreclose on property in the town of Brookhaven, N.Y., the current holder of the note and mortgage sought to foreclose on the property a few years later. It moved for summary judgement while the property owner filed a motion to dismiss upon the statute of limitations. Read on to find out why the court sided with the property owner.
Four indicted for real estate fraudMonday, November 12, 2018 Four people have been charged with running a sophisticated real estate scheme that resulted in the theft of more than $1.4 million, the Los Angeles County District Attorney’s Office announced.
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