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Banking Law

[05/17] Hererra v. Federal National Mortgage Ass'n
In a suit by defaulting homeowners to set aside a nonjudicial foreclosure sale on the grounds of an invalid assignment of the deed of trust, the trial court's sustaining of a demurrer without leave to amend is affirmed, where: 1) the plaintiffs granted a nominee beneficiary authority to assign when they signed the deed of trust; 2) judicially noticed documents established a chain of title in which the beneficiary assigned its interest to the lender's successor, which assigned its interest to the defendant; 3) there was no error in sustaining the demurrer as to the cause of action for violation of Civil Code section 2932.5, since that section is inapplicable to deeds of trust.

[05/03] Gilbert v. Residential Funding LLC
In a suit alleging that the defendants violated various consumer protection laws in connection with a residential mortgage, the district court's grant of the defendants' motion to dismiss is reversed in part, where 1) the plaintiffs timely exercised their right to rescind under the Truth in Lending Act (TILA) with a letter notifying the subservicer that they were exercising their right to rescind; 2) the district court erred in deciding that all of the plaintiffs' money damages under TILA were barred by the one-year statute of limitations; 3) the district court erred in dismissing the plaintiffs' usury and North Carolina Unfair and Deceptive Trade Practices Act claims; and 4) res judicata no longer barred the plaintiffs from litigating whether the note holder had authority to enforce it.

[04/27] Aresty International Law Firm P.C. v. Citibank, N.A.
In a suit by a law firm claiming that a bank on which a check was drawn violated Regulation CC by failing to notify the law firm's bank in a timely manner that it would not honor the check, and that it had negligently breached a duty it owed the law firm under Regulation CC, the district court's grant of a motion to dismiss is affirmed, where: 1) the claim of violation of Regulation CC was time-barred, and equitable tolling did not apply; and 2) the state claim was preempted by federal law.

[04/24] Haynes v. EMC Mortgage Corp.
In a putative class action alleging unlawful foreclosures on real estate subject to a deed of trust, a judgment of dismissal following the trial court's order sustaining a demurrer is affirmed, as Civil Code section 2932.5's provisions requiring the assignee of a mortgagee to record the assignment prior to exercising a power to sell real property does not apply to deeds of trust.

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