November 14, 2013
Michigan Court Dismisses Plaintiff’s State Law Based Claims of Wrongful Foreclosure
The United States District Court for the Eastern District of Michigan, Southern Division after considering the arguments in Ashford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156159, 2013 WL 5913411 (E.D. Mich. Oct. 31, 2013), dismissed the plaintiff’s … Continue reading
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November 13, 2013
Massachusetts Land Court Finds Defendant Was Not Entitled to Service Member Relief Act
The Massachusetts Land Court in deciding Suntrust Mortg., Inc. v. Forsberg, 2013 Mass. LCR LEXIS 159 (Mass. Land Ct. 2013) found that defendant (Alfred Forsberg) was not entitled to the protection of the Servicemembers Civil Relief Act, 50 U.S.C. ยงยง … Continue reading
November 13, 2013 in 2013 | Permalink | No Comments
Michigan Court Finds Assignment From MERS to Bank of New York Was Valid
The United States District Court for the Western District of Michigan, Southern Division in Maslowski v. Mortg. Elec. Registration Sys., 2013 U.S. Dist. LEXIS 156299 (W.D. Mich. Sept. 26, 2013) granted defendants’ motion to dismiss. The crux of plaintiff’s claim … Continue reading
November 13, 2013 in 2013 | Permalink | No Comments
The Superior Court of New Jersey, Appellate Division, Finds That Wells Fargo Had Standing to File Foreclosure Action
The Superior Court of New Jersey, Appellate Division, in deciding Wells Fargo Bank, N.A. v. Garner, 2013 N.J. Super. LEXIS 2648, 2013 WL 5827033 (App.Div. Oct. 31, 2013) affirmed the lower court’s decision and dismissed motions to vacate the judgment … Continue reading
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November 12, 2013
Wrongful Foreclosure Claim Survives Motion to Dismiss
Judge Conti (N.D. Cal.) issued an order granting in part and denying in part a motion to dismiss in Subramani v. Wells Fargo Bank N.A. et al., No. 13-1605 (Oct. 30, 2013). Plaintiff Subramani received a mortgage loan from Defendant … Continue reading
November 12, 2013 in 2013 | Permalink | No Comments
Texas Court of Appeals Finds That Plaintiff’s Claim – That the Note and Deed of Trust Became “Split” – Has No Basis in Law
The Court of Appeals of Texas, Ninth District in deciding Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, 2013 Tex. App. LEXIS 13515, 2013 WL 5874607 (Tex. App. Beaumont Oct. 31, 2013) affirmed the lower courtโs decision holding that … Continue reading
November 12, 2013 in 2013 | Permalink | No Comments
Alabama Court Dismisses Plaintiff’s Insufficiently Plead Quiet Title Claim
The United States District Court for the Northern District of Alabama, Western Division, in deciding Orton v. Matthews, 2013 U.S. Dist. LEXIS 156870 (N.D. Ala. Nov. 1, 2013), granted [defendant] Bank of America’s motion to dismiss plaintiffโs claims pursuant to … Continue reading
November 12, 2013 in 2013 | Permalink | No Comments