Florida Federal Court Dismisses Complaint Alleging Violations of RESPA and FDCPA Due to Plaintiff’s Failure to Provide Notice and Opportunity to Cure, as Required Under the Mortgage

The United States District Court for the Southern District of Florida recently granted defendant mortgage company’s motion to dismiss plaintiff’s complaint alleging, inter alia, violations of the Real Estate Settlement Procedures Act, 12 U.S.C. §2605(k) (“RESPA”) and the Fair Debt Collection Practices Act, 15 U.S.C. §§1692e, 1692f (“FDCPA”), because she failed to provide defendants with notice of the alleged issues and an opportunity to cure, as required under the mortgage. 

Third Circuit Holds Mortgage Servicer May Not Recalculate Mortgage Insurance Termination Date Based on Updated Home Value After Loan Modification

In a homeowner class action, the United States Court of Appeals for the Third Circuit recently held that a lender that modifies a mortgage cannot rely on an updated property value to recalculate the length of the homeowner’s mortgage insurance obligation under the Homeowners Protection Act (the “HPA”) unless same is expressly set forth in the loan modification agreement.

New York Federal Court Dismisses Plaintiff’s FDCPA Claim, Finding Communications Regarding Hazard Insurance Were Not an Attempt to Collect a Debt

The United States District Court for the Western District of New York recently granted defendant’s motion to dismiss plaintiff’s first cause of action alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), on the ground that plaintiff failed to sufficiently plead that the communications from defendant were sent in an attempt to collect a debt.

Supreme Court of Arizona Holds That Credit Bid at Trustee’s Sale Is Not a Payment Under a Title Insurance Policy

In recent years, the question of whether a full-credit bid at a foreclosure sale constitutes a payment under a title insurance policy has been the subject of widespread dispute. Jumping into the fray, the Arizona Supreme Court recently ruled on the issue and held that an insured lender’s full-credit bid at a trustee’s sale did not constitute such a payment.