Articles Posted in US Court of Appeals for the Fourth Circuit

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The Fourth Circuit affirmed the district court's grant of summary judgment for the bank in an action alleging violation of the Homeowners Protection Act. Plaintiffs alleged that the bank failed to make certain required disclosures in connection with their residential mortgage loans. The court held that the statute was clear that these mortgage insurance disclosures were mandated only if lender-paid mortgage insurance was a condition of obtaining a loan. In this case, because no such conditions applied to plaintiffs' loans, nondisclosure was not a violation of the Act. View "Dwoskin v. Bank of America, N.A." on Justia Law

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Plaintiff filed suit against Wells Fargo, alleging that the foreclosure sale of his house was invalid under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. 3953(a), 3953(c), which requires a lender to obtain a court order before foreclosing on or selling property owned by a current or recent servicemember where the mortgage obligation "originated before the period of the servicemember's military service." The Fourth Circuit affirmed the district court's grant of summary judgment to Wells Fargo, holding that plaintiff's mortgage obligation originated when he was in the Navy, it was not a protected obligation under section 3953(a), and his later enlistment in the Army did not change that status to afford protection retroactively. View "Sibert v. Wells Fargo Bank, N.A." on Justia Law

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The Fourth Circuit affirmed the bankruptcy court's denial of Wells Fargo's motion to set aside the bankruptcy court's order. Wells Fargo filed the motion two years after the bankruptcy court cancelled its deed of trust covering a piece of real property, and several months after the property was sold in foreclosure to a bona fide purchaser for value. The court held that Wells Fargo failed to carry its burden under FRCP 60(b) by filing its motion within a reasonable time. Even if Wells Fargo did satisfy Rule 60(b)'s threshold requirements, it still did not meet the requirements of that Rule's enumerated sections for relief. View "Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC" on Justia Law