Georgia Court Denies Plaintiffs’ Motion for Reconsideration

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Equity, Foreclosures, Georgia.

The court in deciding White v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately denied the plaintiff’s motion for reconsideration, therein upholding the decision of the lower court. Plaintiffs alleged that because BANA did not hold the note and it was not the assignee of the security deed it lacked the authority… Read more »

Georgia Court Finds Chase Had Authority to Foreclose

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Georgia, MERS/Bank has standing, Note ownership litigation.

The court in deciding Ball v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 146503 (M.D. Ga. 2013) granted the defendants’ motion for judgment on the pleadings. Plaintiffs Johnny Frank Ball Jr. and Tempie Ball filed a suit in the Superior Court of Sumter County, Georgia, seeking to set aside the non-judicial foreclosure of… Read more »

Georgia Court Dismisses Wrongful Foreclosure Claim

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

The court in deciding Bowman v. U.S. Bank Nat’l Ass’n, 2013 U.S. Dist. LEXIS 149660 (N.D. Ga. 2013) eventually granted the defendant’s motion to dismiss. Plaintiff’s complaint was wide-ranging and repetitive, the gravamen of the complaint was a wrongful foreclosure claim which was premised on plaintiff’s allegations that: (1) Castle Rock Trustee was not the… Read more »

Georgia Court Affirms That The Holder of a Deed to Secure Debt is Authorized to Exercise the Power of Sale in Accordance With the Terms of the Deed

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

The court in deciding Sanford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156084, 2013 WL 5899238 (N.D. Ga. Oct. 31, 2013), found that each of the plaintiff’s arguments lacked merit and subsequently granted defendant’s motion to dismiss. Plaintiff’s claim for wrongful foreclosure against BANA was based on three theories: (1) invalid assignment of… Read more »

Georgia District Court Holds Foreclosure May Be Wrongful Where Security Deed and Note Are “Split”

Posted by & filed under 2011, Downstream litigation, Georgia, Note ownership litigation.

In Morgan v. Ocwen Loan Servicing, LLC, No. 1:10-cv-3555-AT (N.D.Ga. July 7, 2011), homeowner obtained a residential mortgage loan memorialized by two documents: a promissory note and a security deed. The original grantee of the promissory note was Guaranteed Rate. The original grantee of the security deed was MERS “as nominee” for Guaranteed Rate and its successors and… Read more »

Georgia Court Authoritatively Recognizes MERS’ Right to Foreclose

Posted by & filed under 2005, Downstream litigation, Foreclosures, Georgia, MBS industry, MERS/Bank has standing.

The court in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005) authoritatively recognized the right of MERS to foreclose. This case involved an action to enjoin an immediate judicial sale due to equitable subrogation in which the court recognized the… Read more »