Law and legal issues

UWM fights Mat Ishbia deposition in All-In lawsuit

United Wholesale Mortgage boss Mat Ishbia may soon testify in federal court for the first time about his company’s All-In initiative.  Processing Content A Michigan court last week ordered the lender to make the UWM chairman, CEO and president available for a deposition within 30 days, in the company’s All-In lawsuit against Atlantic Trust Mortgage. […]

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Lenders settle suit spurred by family of originators

Almost a year after Premier Mortgage Resources filed a complaint against Canopy Mortgage over an alleged poaching scheme, the lenders reached a settlement. Processing Content The companies anticipate they will submit a joint stipulation of dismissal with prejudice within 45 days, according to a document filed Friday in a Washington federal court. “We’re pleased to

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States score win as Flagstar denied escrow rehearing

The Conference of State Bank Supervisors celebrated an appellate court’s decision not to grant a request by Flagstar Bank for the full panel in an interest-on-escrow case. Processing Content The organization used the ruling to call on the Office of the Comptroller of the Currency to end its efforts to create a national preemption. This

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REMIC servicers may have fiduciary duty under retirement law

REMIC servicers may have fiduciary duty under retirement law

A residential securitization trustee could be held to a fiduciary standard under federal retiree law as the Second Circuit Court of Appeals looked to split definitional hairs on whether the mortgages are considered plan assets. Processing Content The case was brought by six trustees of the United Food & Commercial Workers Union & Employers Midwest

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Supreme Court won’t hear mortgage firm’s appeal in CFPB case

Supreme Court won’t hear mortgage firm’s appeal in CFPB case

The US Supreme Court in Washington.Kent Nishimura/Bloomberg The United States’ high court turned down a case involving a former biweekly mortgage-payment services firm that has been fighting a Consumer Financial Protection Bureau penalty for a decade. Processing Content The Supreme Court this week declined to hear an appeal from Nationwide Biweekly Administration, which has battled

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Synthetic IDs, false docs play role in $6M home lending scam

An elaborate scheme involving 11 perpetrators, stolen identities and title fraud has resulted in $6 million in lender losses and criminal charges against the alleged scammers, according to new court documents.   Processing Content Federal prosecutors arrested the defendants, who were arraigned in Southern California and Florida courts late last week, following a grand jury indictment

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Swalwell drops Pulte suit while FHFA fraud probes stall

One of the targets of the Federal Housing Finance Agency’s mortgage fraud probes is dropping his lawsuit against the regulator and its leader. Processing Content Rep. Eric Swalwell, D-Calif., FHFA Director Bill Pulte and the agency itself have all agreed to voluntarily dismiss the lawmaker’s suit, according to a case filing Friday. The announcement did

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Poached LOs sue former lender for email surveillance

A loan officer couple under fire in a poaching lawsuit is suing their former lender for allegedly scraping their private emails to make their case.  Processing Content Ashley and Christopher Hoehn sued Stockton Mortgage this week in federal court for computer fraud, adding another layer to a legal battle between the parties. The Alabama-based couple,

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Equity Prime Mortgage, ex-workers at odds over settlement

Equity Prime Mortgage is asking a judge to enforce a six-figure settlement slated for its former employees in a wage case, a deal the workers’ attorneys say isn’t real.  Processing Content The company this week claims the parties agreed to a $660,000 payout last summer, and that the plaintiffs’ attorneys are now reneging on that

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