July 23, 2014

Maine Really Doesn’t Like Lenders

By David Reiss

I recently blogged in No MERS-y for Maine Lenders about a Maine Supreme Judicial Court opinion that seemed to go against the weight of authority as to a fundamental issue:  that the mortgage follows the note. The lender in that … Continue reading

By Ebube Okoli

The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) agreed with the defendants that the plaintiffs’ complaint failed to state a claim upon which relief could be granted and was to be dismissed … Continue reading

Court Finds that Defendants Failure to Record all Assignments of the Deed did not Violate ORS 86.735

By Ebube Okoli

The court in deciding Romani v. Northwest Trs. Servs., 2013 U.S. Dist. L (D. Or., 2013) granted the motion for summary judgment in favor of Northwest. The plaintiff’s complaint asserted four claims. Plaintiff alleged that the non-judicial foreclosure of her … Continue reading

July 19, 2014

Georgia Court Dismisses RESPA, TILA, and HOEPA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) granted the defendant’s motion to dismiss. Plaintiffs Reginald and Jamela Mitchell claimed that the defendants Deutsche Bank National Trust Co. and MERS violated … Continue reading

July 10, 2014

No MERS-Y for Maine Lenders

By David Reiss

The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading

U.S. Bank Had Standing to Bring Action

By Ebube Okoli

The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas. In their sole assignment of error, McHugh argued that US Bank … Continue reading

Connecticut Court Denies All Five of Defendant’s Special Defenses to Foreclosure Action

By Ebube Okoli

The court in deciding Bank of Am., N.A. v. Samaha, 2013 Conn. Super. (Conn. Super. Ct., 2013) granted the plaintiff’s motion for summary judgment. In this action, the plaintiff sought to foreclose a mortgage executed by Joseph Samaha and Denise … Continue reading