Lawsuits

Judges’ questions may hint at limits to FAPA’s retroactivity

New York Court of Appeals judges’ responses to recent arguments in a closely-watched Foreclosure Abuse Prevention Act case suggest they could take a narrower view of the law’s retroactivity but are less open to broad constitutional challenges to it. Recent questions from the New York judges focused more on case details than the constitutional issues, […]

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Supreme Court rejects petition on New York foreclosure law

The Supreme Court has declined to review a challenge to retroactive interpretation of a New York law that applies a new statute of limitations to foreclosures. The high court turned down without explanation a petition for a writ of certiorari in the case US Bank National Association, Trustee v. Cassandra Fox, marking the end of

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Homeowners sue D.R. Horton over hidden mortgage costs

A group of homeowners filed a class action lawsuit against the largest homebuilding company in the United States and its mortgage lending subsidiary over money they lost in an alleged deceptive mortgage scheme. D.R. Horton and DHI Mortgage targeted prospective homebuyers with affordable monthly payment plans, but the company low-balled the true costs and excluded

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Two expects $198.9M charge from external manager lawsuit

Two, the real estate investment trust that owns Roundpoint Mortgage Servicing, is anticipating legal expenses that some analysts say could lead to asset sales. The REIT expects a $198.9 million charge for May that includes a $139.8 million fee as a contingency liability and $60 million in related expenses due to the lawsuit with its

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TCB appeals ruling for Ginnie Mae in lawsuit over collateral

Texas Capital Bank followed through with its planned appeal of a federal district court ruling in a lawsuit with Ginnie Mae over Home Equity Conversion Mortgage assets, according to a new filing. TCB filed a brief notice this week that it has moved the fight against the government corporation to the 5th U.S. Circuit Court

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