United States District Court Dismisses RICO and FDCPA Claims

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, MBS industry.

The court in deciding Koenig v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Cal., 2013) ultimately granted the defendant’s motion to dismiss. Plaintiff Philip A. Koenig commenced this action against defendant Bank of America. Plaintiff alleged causes of action for violations of the Fair Debt Collections Practices Act (“FDCPA”) and the Racketeer Influenced and… Read more »

California Court Denies Dismissal of Wrongful Foreclosure Claim

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by state, Downstream litigation commentary, Foreclosures, MBS industry.

The California court in Engler v. ReconTrust Co., 2013 U.S. Dist. 179950 (C.D. Cal. 2013) dismissed all but one of the plaintiff’s complaint. Plaintiff originally filed suit against defendants BAC and MERS on June 6, 2012. On March 1, 2013, the lower court dismissed plaintiff’s complaint with leave to amend. The plaintiff’s current complaint alleged… Read more »

California Court Upholds Summary Judgment Against Plaintiff, Dismissing California Uniform Commercial Code section 9313 Violations

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation commentary, Equity, Foreclosures, MBS industry, MERS/Bank has standing, Note ownership litigation.

The court in deciding Wolford v. Am. Home Mortg. Servicing, 2013 Cal. App. Unpub. LEXIS 7307 (Cal. App. 2d Dist. 2013) ultimately granted summary judgment in favor of defendants. AHMSI and Wells Fargo met their threshold burden to show they satisfied the requirements necessary for non-judicial foreclosure, and appellant failed to raise a triable issue… Read more »

California Court Dismisses Action Brought Against MERS and Aurora Loan Services for Wrongfully Initiated Foreclosure Proceedings

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by state, Downstream litigation commentary, Equity, Foreclosures, MBS industry.

The court in Morgan v. Aurora Loan Servs., LLC, 2013 U.S. Dist. LEXIS 145623 (C.D. Cal. 2013) granted defendants’ motion to dismiss plaintiff’s claims. The court concluded that the “allegation of other facts consistent with the challenged pleading could not possibly cure the deficiencies” of either the first or third through tenth claims, thus the… Read more »

California Court Dismisses All Seven Causes of Action Arising Out of the Alleged Wrongful Foreclosure of Plaintiff’s Home

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by date, Downstream litigation by state.

The court in deciding Dorn v. Countrywide Home Loans, 2013 Cal. App. Unpub. LEXIS 7356 (Cal. App. 2d Dist. 2013) concluded that the trial court did not abuse its discretion in dismissing the action; the court thus affirmed the lower courts decision. Plaintiff Jason Dorn appealed from a judgment dismissing his action against defendants America’s… Read more »

California Court Finds Plaintiff Lacked Standing to Bring Action

Posted by & filed under 2013, California, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Equity, Foreclosures, MBS industry, MERS/Bank has standing.

The court in deciding Mottale v. Kimball Tirey & St. John, LLP, 2013 U.S. Dist. 146293 (S.D. Cal. Oct. 9, 2013) ultimately granted the defendants’ motion to dismiss. Plaintiff alleged unnamed investors brought an unlawful detainer action in state court foreclosed his home. Plaintiff also alleged his loans were securitized from a pool of funds… Read more »