July 24, 2014

Georgia Court Dismisses HOEPA, RESPA, and TILA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately dismissed the plaintiff’s complaint with prejudice. The plaintiff’s complaint alleged federal violations of the Truth-in-Lending Act (“TILA”), the Real Estate Settlement and … Continue reading

Read More

July 24, 2014 in Georgia | Permalink | No Comments

Georgia Court Finds that the Assignment of the Security Deed from MERS to Ocwen Permitted it to Exercise the Power of Sale Under the Security Deed Even Though Ocwen did not Hold the Note

By Ebube Okoli

The court in deciding Thompson v. Fed. Home Loan Mortg. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) granted defendant’s motion to dismiss. Plaintiff filed this complaint challenging the defendants’ right to foreclose on his property and alleged the following: (1) … Continue reading

Read More

July 24, 2014 in Georgia | Permalink | No Comments

Georgia Court Finds that MERS Was Within Its Right in Transferring and Assigning Deed, Along with Power of Sale, to Another Party

By Ebube Okoli

The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) found that MERS could transfer and assign the deed, along with the power of sale, to another party. After Plaintiffs defaulted on their mortgage, … Continue reading

Read More

July 24, 2014 in Georgia | Permalink | No Comments

July 23, 2014

By Ebube Okoli

The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) agreed with the defendants that the plaintiffs’ complaint failed to state a claim upon which relief could be granted and was to be dismissed … Continue reading

Read More

July 23, 2014 in Georgia | Permalink | No Comments

July 19, 2014

Georgia Court Dismisses RESPA, TILA, and HOEPA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) granted the defendant’s motion to dismiss. Plaintiffs Reginald and Jamela Mitchell claimed that the defendants Deutsche Bank National Trust Co. and MERS violated … Continue reading

Read More

July 19, 2014 in Georgia | Permalink | No Comments

June 11, 2014

Georgia Court Dismisses Plaintiff’s RESPA, TILA and HOEPA Claims

By Ebube Okoli

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

Read More

June 11, 2014 in Georgia | Permalink | No Comments

May 30, 2014

Georgia Court Dismisses TILA and RESPA Claims Brought by Plaintiff

By Ebube Okoli

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