Search for: "Ernest Wagner"
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20 Apr 2020, 9:31 am
Ernest Wagner [read post]
5 Jun 2017, 4:56 am
Court of Appeals for the Ninth Circuit recently affirmed a trial court’s summary judgment ruling in favor of a bank and against the City of Los Angeles on the City’s claims that the bank violated section 3605(a) of the federal Fair Housing Act (FHA) through alleged discriminatory lending practices, and that the bank […] Ernest Wagner [read post]
13 Dec 2017, 7:53 am
Following rulings from other appellate courts in other appellate districts, Florida’s Third District Court of Appeal recently reversed a trial court’s order involuntarily dismissing a mortgagee’s foreclosure against a borrower holding that the mortgagee’s witness from its current mortgage servicer laid a sufficient foundation at trial to admit business records from a prior mortgage servicer Read more → Ernest Wagner [read post]
7 Oct 2019, 7:54 am
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order denying a motion to remand a putative class action to Arkansas state court based on the federal Class Action Fairness Act’s (CAFA) “local controversy” exception to jurisdiction because the consumer… Ernest Wagner [read post]
12 Jul 2021, 12:31 pm
Ernest Wagner [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
Illinois App. Court (1st Dist) Holds Mortgagee’s Affidavit for Alternative Service Fatally Deficient
29 Mar 2017, 8:35 am
The Appellate Court of Illinois, First District, recently vacated a default foreclosure judgment in favor of a mortgagee and against a borrower because the mortgagee’s affidavit in support of its motion for alternative service did not establish the required due diligence demonstrating the investigation made to determine the borrower’s whereabouts, and the trial court therefore […] Ernest Wagner [read post]
24 Apr 2017, 8:27 am
The Appellate Court of Illinois, First District, recently reversed a summary judgment ruling in favor of a mortgagee on its post-foreclosure forcible entry and detainer claim, finding genuine disputes as to material facts where the tenant presented evidence that she was a qualified tenant under the Chicago Protecting Tenants in Foreclosed Rental Property Ordinance, and […] Ernest Wagner [read post]
12 Feb 2021, 7:35 am
Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
13 Mar 2017, 8:17 am
The Appellate Court of Illinois, Second District, recently affirmed summary judgment in favor of a mortgagee that failed to meet the FHA requirement to either have a face-to-face meeting with the borrowers or to make “a reasonable effort” to arrange a face-to-face meeting before filing foreclosure, because doing so would have been a futile act […] Ernest Wagner [read post]
16 Jun 2020, 9:15 am
Ernest Wagner [read post]
5 Sep 2017, 7:19 am
§ 1024.36(d)(2)(i)(A)) by failing to provide the loan owner’s phone number in response to a borrower’s request for information […] Ernest Wagner [read post]
3 Jul 2020, 2:17 pm
Ernest Wagner [read post]
27 Mar 2017, 7:15 am
The First District also held that even if the borrowers had timely […] Ernest Wagner [read post]
1 Sep 2017, 8:29 am
The Appellate Court of Illinois, First District, recently reversed a trial court order granting summary judgment in favor of a mortgage servicer and against a condominium association (COA) holding that a material question of fact existed regarding whether the servicer promptly paid assessments that accrued after the foreclosure sale, as required under section 9(g)(3) of […] Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
21 Oct 2020, 1:10 pm
Ernest Wagner [read post]
27 Oct 2020, 6:45 am
Ernest Wagner [read post]
