June 19, 2014
Hawaii Court Holds that Debtor had Standing to Enforce Note and Mortgage Under Haw. Rev. Stat. § 490:3-301(ii) Even Though it was a Non-Holder
The court in deciding 1250 Oceanside Partners v. Katcher, 2013 Bankr. (D. Haw. 2013) recommended that the district court enter a decree of foreclosure in favor of the debtor. The debtor in possession of 1250 Oceanside Partners sought to enforce … Continue reading
June 19, 2014 in Downstream litigation by date | Permalink | No Comments
June 16, 2014
Ohio Appeals Court Reverses Summary Judgment in Favor of Bank as Genuine Issue of Fact Existed as to Whether the Bank held the Note
The court in deciding U.S. Bank N.A. v. Kamal, 2013-Ohio-5380 (Ohio Ct. App., Mahoning County, 2013) reversed and remanded the lower court’s ruling. The court decided that there were genuine issues of material fact as to whether U.S. Bank was … Continue reading
June 16, 2014 in Downstream litigation by date | Permalink | No Comments
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
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
June 12, 2014 in Downstream litigation by date | Permalink | No Comments
June 11, 2014
NY Court Rejects Lack-of-Standing Claim
The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading
June 11, 2014 in Downstream litigation by date | Permalink | No Comments
Georgia Court Dismisses Plaintiff’s RESPA, TILA and HOEPA Claims
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) found no plain error in the lower court’s conclusion to dismiss the plaintiffs’ claims. Plaintiffs Reginald and Jamela Mitchell filed a complaint against … Continue reading
June 11, 2014 in Downstream litigation by date | Permalink | No Comments
May 30, 2014
Georgia Court Dismisses TILA and RESPA Claims Brought by Plaintiff
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga. Sept. 25, 2013) granted the motion to dismiss proffered by the defendant. The first enumerated cause of action in Plaintiffs’ complaint was a claim … Continue reading
May 30, 2014 in Downstream litigation by date | Permalink | No Comments
Ohio Appellate Court Affirms Judgment in Favor of Arch Bay Holdings
The court in deciding Arch Bay Holdings, LLC v. Brown, 2013-Ohio-5453 (Ohio Ct. App., Montgomery County, 2013) found that the lower court did not err in confirming the sheriff’s sale, thus the judgment of the Montgomery County Common Pleas Court … Continue reading
May 30, 2014 in Downstream litigation by date | Permalink | No Comments