Appeals of Michigan Dismisses Fraud and Improper Assignment Claims

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, MERS/Bank has standing, MERS/Bank lacks standing, Michigan.

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, the Robinsons argued that MERS, through its predecessor, committed fraud in the execution of the… Read more »

Michigan District Court Dismisses Homeowners’ Claims Against J.P. Morgan Chase Bank and Fannie Mae

Posted by & filed under 2013, Brooklyn Law School, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, married, MBS industry, Michigan.

In October 2013, the United States District Court for the Western District of Michigan in Nederhoed v. J.P. Morgan Chase Bank, 2013 WL 5533683 (W.D.Mich. 2013) dismissed the Plaintiff homeowner’s claims against Defendants J.P. Morgan Chase Bank and Fannie Mae for recission and breach of contract with prejudice. In July 1999, Plaintiffs Stephen and Paula… Read more »

Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender

Posted by & filed under 2013, Brooklyn Law School, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, MBS industry, Michigan, Note ownership litigation, Regulation.

In October 2013, the United States District Court of Michigan, Eastern District in Davis v. Green Tree Servicing, LLC 2013 WL 5551055 (E.D.Mich 2013) dismissed the Plaintiff homeowner’s claims for fraud and breach of contract against the Defendant mortgage lender. In June 2007, Plaintiff Nataki Davis (“Plaintiff”) and non-party Paula Barnes–Rooks bought a home in Michigan… Read more »

Michigan Appeals Court Upholds Summary Judgment and Finds that Bank’s Purchase did not Violate MCL 600.3228

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

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. 2170 (Mich. Ct. App. 2013) upheld the lower court’s grant of summary judgment. In this action for possession of a foreclosed property, defendants appealed as of the summary disposition that the lower court granted in favor of the… Read more »

Michigan Court Finds Plaintiff’s Argument to Prevent Removal Lacked Merit

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

The court in Ordway v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 145228 ( E.D. Mich. Oct. 8, 2013) granted defendants’ motion and denied plaintiff’s motion. This was a case challenging foreclosure proceedings. Plaintiff named Bank of America, N.A. (BOA); Bank of New York Mellon (BNYM), as Trustee for the benefit of the CWABS… Read more »

Michigan Court Grants Summary Judgement in Favor of Bank

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

The court in deciding Wargelin v. Bank of Am., 2013 U.S. Dist. LEXIS 146326 ( E.D. Mich. 2013) ultimately granted defendants’ motion for summary judgment. Plaintiff brought an action arising out of a foreclosure and subsequent sheriff’s sale of his residential property. Count I of plaintiff’s action was violation of the Real Estate Settlement Procedures… Read more »

Michigan Court Holds That Plaintiffs Were Not Subject to Double Liabilty on Their Debt and Thus Lacked Standing

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

The court in deciding Laues v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 147912 ( E.D. Mich. Oct. 15, 2013) granted the defendant’s motion and dismissed the plaintiff’s claim. Plaintiffs Roy A. Laues and Kristin G. Laues (“the Laues”), preceded pro se, and filed a complaint claiming that the defendants fraudulently conveyed their property… Read more »