9 Landmark Decisions
Foreclosure Case Law
The decisions that decide foreclosures. These are the cases most often cited when a homeowner challenges standing, a defective assignment, a servicer's conduct, or a bankruptcy discharge.
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Standing & Securitization
Whether the entity suing actually owns the loan — the most litigated question in foreclosure.
U.S. Bank v. Ibanez
Massachusetts — a securitized trust that never received a valid assignment could not foreclose.Glaski v. Bank of America
California — a borrower may challenge a post-closing-date assignment into a securitized trust.Yvanova v. New Century
California — a borrower has standing to challenge a void assignment after a non-judicial sale.Bank of America v. Caulkett
U.S. Supreme Court — a wholly underwater second lien cannot be stripped off in Chapter 7.Servicer Conduct & Consumer Claims
Decisions on what servicers owe borrowers under federal consumer-protection statutes.
Obduskey v. McCarthy & Holthus
U.S. Supreme Court — a law firm that merely enforces a security interest is not a 'debt collector' under the FDCPA.Jesinoski v. Countrywide
U.S. Supreme Court — rescission under TILA is effected by written notice alone, with no suit required.Spokeo v. Robins
U.S. Supreme Court — a bare procedural violation of the FCRA without concrete harm is not enough for standing.Bankruptcy
How the bankruptcy code interacts with a mortgage and a foreclosure.
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