Tag Archives: Supreme Court

Here’s why law firms serving clients in the default industry must be familiar with cases addressing “meaningful attorney involvement.” Editor’s note: This feature originally appeared in the January issue of DS News, out now.

This week the United States Supreme Court rejected appeals in a case challenging the federal government’s handling of profits generated by Fannie Mae and Freddie Mac since they came under government control during the 2008 financial crisis. On Tuesday, the ...

Editor's note: This story was originally featured in the January issue of DS News, out now. The United States Supreme Court, in Henson v. Santander Consumer USA Inc., settled a circuit court split and solidified what may turn out to be a ...

The Supreme Court has agreed to hear a case that could have implications regarding the constitutionality of the Consumer Financial Protection Bureau. Last week the Supreme Court agreed to hear the case of Lucia v. Securities and Exchange Commission, which ...

On Monday, a unanimous Supreme Court decision could have vast implications for the mortgage and loan industry, particularly the secondary market, unless the Fair Debt Collection Practices Act is amended by Congress. The petitioners brought their case in front of the Supreme Court in an appeal of the 4th Circuit Court ruling in favor of the respondent. Justice Neil Gorsuch delivered his first opinion since his conferral to the Court.

In a decision on Monday, the Supreme Court ruled that under the Fair Debt Collection Practices Act (FDCPA), debt collectors that knowingly pursue stale debt in bankruptcy proceedings do not run the risk of facing potential consumer protection lawsuits, Law360 reports. The ruling came after the high court voted 5-3 to overturn an Eleventh Circuit decision which had found Midland Funding LLC, a purchaser of unpaid debt, potentially liable under the FDCPA.

According to the Supreme Court, Miami has the standing to sue Bank of America Corp. and Wells Fargo & Co. under the Fair Housing Act, stating that the banks’ discriminatory and predatory lending practices led to a major shortfall in city tax revenues. We hear from industry lawyers on the case to gauge its implications.

The FDIC claimed in the suit that Goldman Sachs, Deutsche Bank, and Royal Bank of Scotland misrepresented the quality of $2 billion worth of mortgage-backed securities it sold in 2004 and 2005.

Florida's mandatory foreclosure mediation program has come to an end. State Supreme Court Chief Justice Charles Canady issued an order this week stating that no new cases may be referred to mediators as part of the court-run initiative and citing the program's lack of success in resolving foreclosure disputes between lenders and borrowers. Data released earlier this year showed that only 4 percent of eligible mediation cases ended in a settlement.

The Michigan Supreme Court ruled Wednesday that MERS, as record-holder of the mortgage, does have the right to initiate foreclosures in the state. The decision reverses an April ruling from the Michigan Court of Appeals, which called into question thousands of cases in which MERS was named as the foreclosing party. The appellate court's judgment sent shockwaves through the distressed housing market in Michigan. Now, with the higher court's ruling, sales of homes that had been foreclosed in the name of MERS can proceed.