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03/27/26
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Court rules certain Ocwen-serviced RMBS mortgages are plan assets
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MPAMag |
Court rules certain Ocwen-serviced RMBS mortgages are plan assets
A federal appeals court just ruled that mortgages in certain RMBS trusts are plan assets under federal retirement law – mortgage servicers, take note.
On March 26, 2026, the US Court of Appeals for the Second Circuit handed down a decision and it landed squarely on the mortgage servicing industry's doorstep. The short version: if a pension fund holds certain types of certificates in an RMBS trust, the mortgages sitting inside that trust may count as pension plan assets under federal retirement law. And if they do, the servicer handling those loans could owe fiduciary duties to the pension fund.
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03/26/26
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Borrower sues Nationstar after $180k mortgage reported as $4.2m debt
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MPAMag |
Borrower sues Nationstar after $180k mortgage reported as $4.2m debt
A $180,000 mortgage made to look like $4.2 million in debt — because an annual payment was reported as a monthly one.
That is the central allegation in a federal lawsuit filed March 26, 2026, in the District of North Dakota. Deann Bueligen, a resident of New Salem, is suing Nationstar Mortgage, LLC and all three major credit bureaus — Experian, Equifax, and Trans Union — alleging inaccurate credit reporting on her mortgage account.
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03/25/26
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Bank of America foreclosure survives standing challenge in Connecticut court
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MPAMag |
Bank of America foreclosure survives standing challenge in Connecticut court
A Connecticut court just confirmed that swapping in the right plaintiff mid-case can save a foreclosure, even when the original lender arguably lacked standing.
The Connecticut Appellate Court handed down its decision on March 24, 2026, and it carries a practical reminder for anyone working in mortgage servicing or foreclosure operations. If the wrong entity files a foreclosure action, the case is not necessarily dead. But you need to fix it the right way.
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03/25/26
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Lawsuit accuses Shellpoint, BSI of pushing current loan into foreclosure
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MPAMag |
Lawsuit accuses Shellpoint, BSI of pushing current loan into foreclosure
A new federal lawsuit alleges two servicers pushed a Florida loan into foreclosure — despite their own records showing it was current.
Michael and Kimberly Smith filed suit on March 25, 2026, in the United States District Court for the Middle District of Florida, naming BSI Financial Services and NewRez LLC, doing business as Shellpoint Mortgage Servicing. At the heart of the case is what the Smiths call a manufactured mortgage default — one driven not by missed payments, but by how their servicers handled escrow accounting and a servicing transfer.
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03/23/26
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Mortgage servicer sues lender for dodging Fannie Mae repurchase tab
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MPAMag |
Mortgage servicer sues lender for dodging Fannie Mae repurchase tab
Seneca Mortgage Servicing LLC filed the action on March 20, 2026, in the U.S. District Court for the Southern District of New York, accusing Homespire Mortgage Corporation of walking away from a clear contractual obligation. Seneca is seeking $376,147.06 in damages, along with interest, attorneys' fees, and costs.
The dispute grows out of a Bulk Servicing Rights Purchase and Sale Agreement the two companies signed on November 30, 2022. Under that deal, Seneca purchased mortgage servicing rights from Homespire for residential loans owned by Fannie Mae or Freddie Mac. Seneca says it held up its end of the bargain, paying all required amounts, advances, and holdbacks.
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03/18/26
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Executive Order Seeks to Expand Mortgage Credit for Customers of Community and Smaller Banks
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JDSupra |
Executive Order Seeks to Expand Mortgage Credit for Customers of Community and Smaller Banks
On March 13, 2026, the White House issued an executive order that directs the Consumer Financial Protection Bureau (CFPB) and federal housing and banking agencies to consider a series of mortgage-related regulatory and supervisory changes, with a particular focus on community banks (generally under $30 billion in assets) and “smaller banks” (under $100 billion in assets). The order aims to “improve the availability and affordability of mortgage credit, tailor rules for community banks and “smaller banks” [and] reduce the regulatory burden on community banks.”
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03/18/26
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Federal suit accuses Citibank, Shellpoint of loan mod deception, discrimination
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MPAMag |
Federal suit accuses Citibank, Shellpoint of loan mod deception, discrimination
Citibank and Shellpoint Mortgage Servicing face a federal lawsuit alleging loan modification deception, false foreclosure filings, and national origin discrimination.
The case was filed on March 16, 2026, in the United States District Court for the District of New Jersey by David and Anahit Ambartsumyan, residents of Creskill, New Jersey. At the heart of the matter is what the plaintiffs describe as a loan modification that was offered and accepted — only for the written documents to arrive with materially different terms.
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03/18/26
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Hit with a ‘zombie mortgage’? Here’s how to fight back
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Independant |
Hit with a ‘zombie mortgage’? Here’s how to fight back
Homeowners aren’t the only ones enjoying property prices hitting near historic highs. Debt collectors are, too, by enforcing collection on “zombie mortgages.”
The loans earned the “zombie” moniker from mortgages that homeowners believed were settled or paid off years before. When debt collectors call and demand payment, it's as if the loan has come back from the dead, noted the Consumer Financial Protection Bureau. More than 600,000 “zombie mortgages” are alive and well, according to a 2025 Bloomberg News investigation.
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03/18/26
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Couple sues Carrington Mortgage alleging ignored requests and foreclosure push
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MPA Mag |
Couple sues Carrington Mortgage alleging ignored requests and foreclosure push
Carrington Mortgage Services is facing a federal lawsuit over allegations it ignored repeated borrower requests and moved toward foreclosure while a dispute remained unresolved.
Barry Schneider and Allison M. Schneider filed the case on March 15, 2026, in the United States District Court for the District of New Jersey. The couple holds an FHA-insured mortgage on their home in East Windsor, serviced by Carrington, with JP Morgan as the investor.
The trouble, according to the court filing, started in January 2026 when the Schneiders noticed a string of irregularities on Carrington's servicing portal.
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03/13/26
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U.S. Foreclosure Rates by State – February 2026
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ATTOM Data |
U.S. Foreclosure Rates by State – February 2026
In February 2026, U.S. foreclosure activity declined slightly from the prior month but remained higher than levels reported one year earlier, continuing a gradual normalization trend in the housing market.
Total filings: 38,840 properties with default notices, scheduled auctions, or bank repossessions
Monthly change: Down 4 percent from January 2026
Year-over-year change: Up 20 percent from February 2025
National rate: One in every 3,701 housing units had a foreclosure filing
States with the worst foreclosure rates: Indiana, South Carolina, Florida, Delaware, and Illinois
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03/12/26
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Gradual Annual Rise in Foreclosure Activity Continues in February 2026
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ATTOM Data |
Gradual Annual Rise in Foreclosure Activity Continues in February 2026
IRVINE, Calif. — March 12, 2026 —ATTOM, the leading provider of property data, AI-powered analytics, and real estate intelligence solutions, today released its February 2026 U.S. Foreclosure Market Report, which shows there were a total of 38,840 U.S. properties with foreclosure filings— default notices, scheduled auctions or bank repossessions — down 4 percent from a month ago and up 20 percent from a year ago.
“Foreclosure activity in February marked the twelfth consecutive month of annual increases, extending a gradual upward trend that began early last year,” said Rob Barber, CEO at ATTOM. “While filings dipped slightly from January, both foreclosure starts and completed foreclosures remain higher than a year ago. Even with the continued rise, overall foreclosure levels remain well below historic norms.”
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03/12/26
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Homeowners sue Shellpoint in seven-count suit over loss mitigation failures
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MPAMag |
Homeowners sue Shellpoint in seven-count suit over loss mitigation failures
The dual-tracking claim at the heart of this case should put every servicer on alert.
Shellpoint Mortgage Servicing faces a seven-count federal lawsuit alleging it repeatedly mishandled a couple's loss mitigation applications for more than eighteen months.
Thomas Maletick Jr. and Cynthia M. Maletick, homeowners in Pittsburgh, filed the suit on March 10, 2026, in the U.S. District Court for the Western District of Pennsylvania. The case, Maletick et al v. Newrez LLC d/b/a Shellpoint Mortgage Servicing (Case No. 2:26-cv-00389-NR), accuses the servicer of fumbling their efforts to avoid foreclosure — and, at one point, advancing the foreclosure while their application was still pending.
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03/05/26
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PHH Mortgage $1.5M Debt Collection Class Action Settlement
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Claim Depot |
PHH Mortgage $1.5M Debt Collection Class Action Settlement
Individuals who received a notice from PHH Mortgage Corp. regarding delinquent monthly mortgage payments on or after Jan. 14, 2021, may be qualify to receive a cash payment from a class action settlement. The settlement class includes nearly 96,000 current and former homeowners.
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03/05/26
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Fed’s proposed new rules likely won’t see mortgage borrowers flock away from nonbanks: executive
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MPAMag |
Fed’s proposed new rules likely won’t see mortgage borrowers flock away from nonbanks: executive
The Federal Reserve may be about to shake up the mortgage market by making it easier for banks to lend in that space – but borrowers’ choice of lender will still ultimately come down to whoever can offer the best rate, according to a veteran executive.
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03/02/26
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Homeowner sues Rocket Mortgage over shredded money orders, wrongful foreclosure
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MPA Mag |
Homeowner sues Rocket Mortgage over shredded money orders, wrongful foreclosure
Rocket's own loan specialist allegedly said the account shouldn't be in default — days before foreclosure
A Columbus, Ohio, homeowner is suing Rocket Mortgage over allegations that the servicer shredded her money orders and pursued foreclosure despite receiving sufficient payments.
The federal lawsuit, filed on February 26, 2026, in the Southern District of Ohio, paints a troubling picture of what can go wrong when mortgage servicing transfers don't go smoothly — and what happens when a borrower's repeated attempts to fix the problem are allegedly met with more problems.
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