By Chris Bruce
Nov. 30 — The U.S. Supreme Court Nov. 30 denied separate petitions by borrowers who said JPMorgan Chase Bank, N.A., and Ocwen Loan Servicing took unlawful action against them.
In the JPMorgan case, the justices refused to hear an appeal from a Jan. 30 ruling by the California Court of Appeal against Kirk and Dawn Carmichael, who challenged the constitutionality of Section 437c of the California Code of Civil Procedure.
JPMorgan won a ruling under Section 437c after seeking to cancel documents filed by the Carmichaels that JPMorgan said were unauthorized and fraudulent.
In the Ocwen case, the Supreme Court declined to hear an appeal from an unpublished June 9 decision by the U.S. Court of Appeals for the Fifth Circuit (Leonard v. Ocwen Loan Servicing, U.S., No. 15-cv-00452, cert. denied, 11/30/15).
The case involved claims by Gary and Sang Leonard that Ocwen filed a foreclosure action too late. A company that serviced their loan before Ocwen took over had accelerated the note.
Ocwen decided not to pursue accelerated payments. The Leonards argued that choice brought the matter under a statute of limitations that barred Ocwen's later decision to foreclose, but the Fifth Circuit disagreed.
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