Massachusetts Land Court Finds Defendant Was Not Entitled to Service Member Relief Act

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation commentary, Foreclosures, Massachusetts, MBS industry, MERS/Bank has standing.

The Massachusetts Land Court in deciding Suntrust Mortg., Inc. v. Forsberg, 2013 Mass. LCR LEXIS 159 (Mass. Land Ct. 2013) found that defendant (Alfred Forsberg) was not entitled to the protection of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 510 et seq., at the time of foreclosure; and that service and publication of the… Read more »

A Welling of Judicial Discontent

Posted by & filed under 2013, Massachusetts.

Reuters ran a story that provides the next chapter to my post, Federal Judge Declares War on Wells Fargo.  The Reuters story is Massachusetts Judge Challenges Wells Fargo, Sparks Legal Fight (behind a paywall) and it reads in part: A legal battle is heating up over an unusual challenge by a Massachusetts federal judge to… Read more »

Federal Judge Declares War on Wells Fargo

Posted by & filed under 2013, Massachusetts.

Never saw this before: And so, Wells Fargo wins on a technicality.  The Court never addresses the merits of this case and expresses no opinion thereon. Still, it is appropriate to point out that, were Henning to prove his case on the merits, the conduct of Wells Fargo would be shown to be nothing short… Read more »

Bankruptcy Court Rules MERS Has Standing and the Customary Rights of a Mortgagee Under a Mass. Mortgage and May Act Under the Mortgage

Posted by & filed under 2006, Bankruptcy litigation, Downstream litigation, Foreclosures, Massachusetts, MERS/Bank has standing, Note ownership litigation.

The Massachusetts bankruptcy court hearing In re Sonya D. Huggins f/k/a SONYA D. HICKS, Debtor Chapter 13, Case No. 05-18826-RS overruled the Huggins’ objection to the standing of the nominee to seek relief from the automatic stay and ordered an evidentiary hearing on the motion for stay relief. After Huggins commenced her Chapter 13 case,… Read more »

First Circuit Grants Wells Fargo’s Motion to Dismiss Plaintiff-Homeowner’s Suit to Preclude Foreclosure Sale

Posted by & filed under 2012, Downstream litigation, Foreclosures, Massachusetts, MERS/Bank has standing.

The court in McKenna v Wells Fargo Bank, N.A. Case No. 11-1650 (C.A. 1, Aug. 16, 2012) was faced with questions relating to the district court’s subject matter jurisdiction. Here, Wells Fargo’s primary assertion in its removal papers – “that there was federal question jurisdiction present in the case” – turned out to be mistaken… Read more »

Massachusetts District Court Dismisses Homeowner-Plaintiff’s Claim of Alleged Inadequacies in Foreclosure and Assignment of His Mortgage

Posted by & filed under 2012, Downstream litigation, Foreclosures, Massachusetts.

In Butler v. Deutsche Bank Trust Co. Americas, 2012 WL 3518560 (D Mass 2012), the court dealt with alleged inadequacies in the assignment and foreclosure of a mortgage. The plaintiff and mortgagor, Frank Butler, claimed that the defendant [Deutsche Bank] had wrongfully foreclosed on two separate occasions, slandered the property’s title, and violated G.L. c…. Read more »

Massachusetts District Court Dismisses Homeowner-Plaintiff’s Challenge to Assignment Due to Lack of Standing

Posted by & filed under 2012, Downstream litigation, Foreclosures, Massachusetts.

The two actions from Oum v. Wells Fargo Bank, N.A., et al, 1:11-cv-11663, No. 23 (D.Mass. Jan. 4, 2012) reflected nearly identical facts. Both cases arose from an allegedly invalid assignment of a mortgage from defendant Sand Canyon to Wells Fargo. Plaintiffs argued that because the assignments of their mortgages were invalid, the foreclosures by… Read more »