Alternative dispute resolution in Federal Courts

By: Donald L. Swanson 2018 marks the twenty-year anniversary of the Alternative Dispute Resolution Act of 1998 [codified at 28 U.S.C. § 651 et seq., the “ADR Act”]. Preamble The preamble to the ADR Act contains these findings on mediation: –“mediation . . . may have potential to reduce the large backlog of cases now […]

via Alternative Dispute Resolution Act of 1998: A Twenty-Year Anniversary and Impressive Results — MEDIATBANKRY

Mediation is a particularly effective form of alternative dispute resolution.  The greatest strength of mediation is that the parties themselves have the opportunity to work out an amicable settlement unlike arbitration where an arbitrator renders a decision which may be binding on all parties.

California Court of Appeal rules in a published decision that CitiMortgage owes a duty of care on a loan modification

Adding to the split of authority among California’s various state and federal appellate courts, the Third Appellate District ruled that a loan servicer may owe a duty of care to a borrower through application of the “Biakanja” factors, even though its involvement in the loan does not exceed its servicing duties. Thus, the Third District […]

via CitiMortgage owes Borrower Duty of Care regarding Loan Modification Efforts (California’s 3rd District Court of Appeals): Rossetta v. CitiMortgage — Livinglies’s Weblog

The California Supreme Court needs to resolve the split of authority between the various decisions rendered by the California Courts of Appeal relating to the duty of care owed to a borrower for a loan modification.

Home Affordable Refinance Program extended through December 31, 2018

The U.S. government deploys several resources for Americans who need help financing a home purchase, including the popular FHA Loan program. But unbeknownst to some, there are also tools available for current homeowners who have fallen behind on their mortgage payments. One of them is known as the Home Affordable Refinance Program managed by the […]

via HARP Extended Through 2018 —

That is good news for the limited number of homeowners that will qualify.

Federal Judge in New York dismisses foreclosure case filed by US Bank

CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they […]

via Trustee v Active Trustee US Bank Fails to show or even attempt to show it is an active trustee — Livinglies’s Weblog

This case just shows how weak the position of US Bank and others is. They cannot win even when the defendant has defaulted!

The CEO of Wells Fargo may be between a rock and a hard place

A group of plaintiffs in Utah, with the help of some US Senators, have put the executive in a jam. By David Dayen, The Nation Late last year, Congress scrapped Obama-era rules from the Consumer Financial Protection Bureau that would have banned forced arbitration clauses in financial contracts. This bill, which President Trump quickly signed, […]

via David Dayen: The CEO of Wells Fargo Might Be In Big, Big Trouble — Livinglies’s Weblog

The CEO of Wells Fargo, Tim Sloan, may finally have to pay the price for the consequences for his actions. As Heraclitus once said, “Character is destiny.” Hopefully Congress will finally show some spine and hold Tim Sloan in contempt of Congress.

California and Federal litigation

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