United States District Court for the District of Columbia Dismisses Case Due to Lack of Jurisdiction

Posted by & filed under 2013, District of Columbia, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Equity, MBS industry, MERS/Bank lacks standing, Note ownership litigation.

The court in deciding Glaviano v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. 180582 (D.D.C. Dec. 27, 2013) dismissed the plaintiff’s claim due to lack of jurisdiction. Plaintiffs alleged that the defendants did not have “possession of the note” or a “documented property interest in the note and mortgage or deed of trust.” Plaintiff… Read more »

D.C. District Court Rules Bank Has Standing in Foreclosure Case

Posted by & filed under 2012, District of Columbia, Downstream litigation, MERS/Bank has standing.

In McCarter v. Bank of New York, 873 F. Supp. 2d 246 (D.D.C. 2012), Plaintiff Homeowner was issued a mortgage loan of $270,000 which was reduced to a Deed of Trust and Promissory Note. Plaintiff then applied for a loan modification, which was later denied and Defendant Bank foreclosed on Plaintiff’s property. Plaintiff sought an… Read more »

D.C. District Court Holds Bank Has Right to Record Deed and Deeds of Trust Previously Unrecorded Due to Clerical Error Not Cured By Original Property Owner

Posted by & filed under 2009, District of Columbia, Downstream litigation.

In Wells Fargo Bank, N.A. v. Wrenn, CIV.A. 08-165 (CKK), 2009 WL 1705692 (D.D.C. June 18, 2009), Wrenn purchased property from Stevens, and Wrenn simultaneously entered into a home mortgage loan transaction, pursuant to which she executed two Promissory Notes and two Deeds of Trust. Wells Fargo was the servicer and legal holder of the… Read more »