Monthly Archives: April 2013
Be Careful What You Contract For . . .
April 16, 2013
by David Reiss
Justice Ramos of the Commercial Division of the New York State Supreme Court NY County) issued an opinion in Assured Guar. Corp. v. EMC Mtge., LLC, 2013 NY Slip Op. 50519(U) (April 4, 2013). Assured, a monoline insurer, “alleges that … Continue reading
Read MoreEleventh Circuit Holds that Claim under TILA is Time-barred
by Abigail Pugliese
In Johnson v. Mortgage Electronic Registration Systems, Inc., 252 Fed. Appx. 293 (11th Circ. 2007), the Eleventh Circuit dismissed borrower’s claims under the Truth in Lending Act (“TILA”), because they were time-barred. On March 17, 2001 Johnson executed a loan from … Continue reading
Read MoreGeorgia District Court Allows Homeowner Plaintiff to Amend Fraud Claim but Dismisses Wrongful Disclosure Claim
by Abigail Pugliese
In LaCosta v. McCalla Raymer, Civil Action No. 1:10-CV-1171-RWS, 2011 WL 166902, Civil Action (N.D. Ga. January 18, 2011), the Court ruled that Homeowner Plaintiff could amend her fraud claim, but dismissed Plaintiff’s other claims stemming from an alleged modification … Continue reading
Read MoreEleventh Circuit Court of Appeals Affirms Dismissal because Mortgagor Plaintiff Failed to State a Claim
by Abigail Pugliese
In Milani v. One West Bank FSB, 491 Fed. App’x. 977 (11th Circ. 2012), the Court of Appeals affirmed the District Court’s decision to dismiss Mortgagor Plaintiff’s claims for (1) wrongful foreclosure, (2) to quiet title, and (3) for fraud. … Continue reading
Read More6th Circuit Upholds Foreclosure by Lender Under Michigan Law
April 15, 2013
by David Reiss
The 6th Circuit upheld a foreclosure under Michigan law in Conlin v. MERS et al., (Case No. 12-2021, April 10, 2013). Plaintiff Conlin sought to have the foreclosure sale of his property “set aside based on alleged defects in the … Continue reading
Read MoreMassachusetts Bankruptcy Court Denies Motion for Relief from Stay
April 12, 2013
by Gloria Liu
In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading
Read MoreUnited States District of Georgia Rejects Wrongful Foreclosure Claim
by Gloria Liu
In Nicholson v. OneWest Bank,1:10-CV-0795-JEC/AJB, 2010 WL 2732325 (N.D. Ga. Apr. 20, 2010) , the court rejected homeowner’s wrongful foreclosure claim. Homeowners argued that OneWest Bank was not entitled to foreclose on property because there had been no assignment of the original … Continue reading
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