The truth about many class actions is that, when actually tested, they often fail, whether due to lack of evidence or faulty legal theories. That means a plaintiff’s attorney will have doggedly pursued a losing case. Mortgage servicer Homeward Residential, Inc., recently defeated a class action by repeatedly putting the plaintiff’s claims to test. Continue Reading Mortgage Servicer Prevails in Force-Placed Insurance Class Action

The real estate industry, being rooted in practices developed over generations, is slow to change. In today’s business climate, inflexibility can prove disastrous. But, last month, the South Carolina Supreme Court moved its real estate industry toward modernity by endorsing a national lender’s internet-refinancing process, which the court found satisfies the state’s existing requirements for attorney involvement. Continue Reading Internet Refinancings Take Critical Step Forward

Companies facing potential class-action liability often have limited means of defeating class certification. Last month, a federal appellate court approved a class defense that other jurisdictions typically reject. The ruling, if adopted by other courts, could protect many businesses from class threats. Continue Reading Federal Court Revives Nearly Forgotten Strategy for Defending Against Class Actions

Last year, the U.S. Supreme Court answered an important constitutional question: Can Congress authorize a lawsuit in which the plaintiff suffered no financial injury? The court’s disappointing answer (“it depends”) has perplexed courts across the nation. That confusion has spread to an area of vital interest to the real estate industry, the timely recording of satisfactions of mortgages. Continue Reading Federal Judges Spar Over Mortgage-Satisfaction Lawsuit

One of the popular buzzwords these days is disruption. For example, Zillow came along and, through the aggressive marketing of leads, disrupted the ways in which many mortgages were originated. According to some reports, the Consumer Financial Protection Bureau is now disrupting Zillow’s tactics. Lead purchasers can protect themselves in several ways. Continue Reading Federal Regulators Reported to Have Started Crackdown on Zillow Leads

The impact of the Consumer Financial Protection Bureau’s recent crackdown on Prospect Mortgage, LLC, continues to reverberate throughout the real estate industry. Through that crackdown the bureau offers clues about how it intends to regulate in a Trump administration—and it’s not pretty. Continue Reading CFPB Enforcement Actions Presage Bureau’s Post-Obama Approach

The last 30 years have ushered in a significant increase in brokers’ dual agency, in which a real estate agent is the agent of both the seller and the buyer. Despite that seeming industry familiarity, unanticipated difficulties can still arise, as a recent decision by the California Supreme Court illustrates. Continue Reading California Supreme Court Inflames Broker Loyalty Problems