Editor: David Reiss
Brooklyn Law School

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June 8, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

The United States Supreme Court held that Chapter 7 debtors cannot get rid of junior liens on underwater home loans under the bankruptcy code.

June 3, 2015

Reiss on SCOTUS Junior Lien Decision

By David Reiss

Bloomberg BNA quoted me in Nagging Economic and Credit Questions Dampen Bankruptcy Victory for Bankers (behind paywall). It reads, in part: The U.S. Supreme Court delivered an important bankruptcy ruling for bankers that doesn’t, however, do anything about still-struggling homeowners (Bank … Continue reading

April 6, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

HSBC facing suit for breaching its duties as trustee for 271 residential mortgage-backed securities trusts. The US Supreme Court considered whether debtors should have an absolute right to appeal denial of proposed bankruptcy plan after three circuit courts have found … Continue reading

February 23, 2015

Mortgage Assignment Mayhem

By David Reiss

Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading

June 25, 2014

California Court Denies Claims that Deficiencies Rendered any Security Interest in the Deed of Trust Invalid

By Ebube Okoli

The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist. (S.D. Cal., 2013) ultimately found that the plaintiffs’ claims premised upon the securitization of the loan and violations of the PSA were to be dismissed. The … Continue reading

Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment

By Ebube Okoli

The court in deciding Morton v. Bank of Am., N.A., 2013 U.S. Dist. (W.D. Mich., 2013) ultimately concluded that the moving defendants are entitled to judgment on all plaintiff’s claims as a matter of law. Plaintiff asserted that none of … Continue reading

June 12, 2014

Ohio Court Finds that Dismissal of Plaintiff’s Foreclosure Complaint did not Deprive it of Jurisdiction Over Defendants and Their TILA Claims

By Ebube Okoli

The court in deciding Wells Fargo Bank, N.A. v. Wick, 2013-Ohio-5422 (Ohio Ct. App., Cuyahoga County, 2013) found that the trial court’s dismissal of plaintiff’s foreclosure complaint did not deprive it of jurisdiction over defendants and their TILA claims, as … Continue reading