Law Advice

GREENBELT, Md. – A federal judge in Maryland on Jan. 30 granted the U.S. secretary of education’s motion to dismiss a suit in which a plaintiff claimed he is being exploited by the Department of Education and is being forced to pay for student loans he never received (Rodney B. Jones v. Arne Duncan, Secretary, [...]

JEFFERSON CITY, Mo. – A federal judge in Missouri on Jan. 27 granted a motion by the Federal Deposit Insurance Corp. (FDIC) to dismiss a case regarding a loan, agreeing with the FDIC’s assertion that the plaintiffs’ claims are barred by the doctrine of res judicata because of a previous, similar suit (Buford L. Farrington [...]

LAS VEGAS – Ruling that his court did not have subject matter jurisdiction, a federal judge in Nevada on Jan. 24 dismissed a suit in which a plaintiff is attempting to collect on a loan made by a bank held in receivership by the Federal Deposit Insurance Corp. (CML-NV Two LLC v. DGRE LLC, et [...]

SAN FRANCISCO – A federal judge in California on Jan. 23 dismissed all eight claims brought by a plaintiff against the Federal Home Loan Mortgage Corp. (Freddie Mac) and other defendants after she attempted but failed to modify her loan and postpone a home foreclosure (Carnero v. Federal Home Loan Mortgage Corp., et al., No. [...]

DALLAS – In an action arising from an attempted loan modification, a federal judge in Texas on Jan. 20 dismissed most claims in the suit which alleges breach of contract, state debt collection statute violations and other violations against Bank of America N.A. and other defendants (Swim, et al. v. Bank of America N.A., et [...]

PHOENIX – In a case in which a plaintiff seeks to recover the remaining debt on a loan in default, a federal judge in Arizona on Jan. 19 denied the defendants’ motion to dismiss, rejecting their argument that Arizona’s anti-deficiency statutes bar recovery (Watson Communication Systems Inc. v. Thomas D. Adamson, Kathleen J. Adamson, No. [...]

SPOKANE, Wash. – A federal judge in Washington on Jan. 19 granted intervener plaintiff the Federal Deposit Insurance Corp.’s (FDIC) motion to transfer a loan-related case filed by a bank against another bank’s holding company from the Eastern District of Washington to the Western District of Washington (Sterling Savings Bank v. Clark County Bancorporation, et [...]

Investors and the public were misled about the deteriorating condition of BankAtlantic Bancorp, the SEC has alleged in a lawsuit filed in federal court. The suit alleges that BankAtlantic and its chairman, Alan Levan, made misleading statements in public filings, and also committed accounting fraud. View full post on Law.com – Newswire

SAN DIEGO – A man successfully alleges that a lender violated the unfair competition law (UCL) by reducing the value of his home equity loan based on faulty price evaluations, a California judge held Jan. 13 (Bryan Vess, et al. v. Bank of America, N.A., et al., No. 10-920, S.D. Calif.; 2012 U.S. Dist. LEXIS [...]

TUSCON, Ariz. – A federal judge in Arizona on Jan. 11 granted the U.S. government’s motion for summary judgment against a defendant who defaulted on his student loan, ordering the defendant, who did not respond to the motion, to pay the government more than $ 54,000 principal plus interest (United States of America v. Scott [...]