June 27, 2014

Tennessee Court Dismisses Plaintiff’s TCPA Claim

By Ebube Okoli

The court in deciding Amour v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Tenn., 2013) granted in part and denied in part the defendant’s motion to dismiss The plaintiffs brought three separate causes of action each of which the … Continue reading

April 16, 2014

Tennessee Court Rejected MERS’ Argument that Sale of Property Should be Invalidated

By Ebube Okoli

The court in deciding Mortgage Elec. Registration Sys. v. Ditto, 2014 Tenn. App. (Tenn. Ct. App., 2014) affirmed the judgment of the lower court. This appeal involved the purchase of property at a tax sale. MERS filed suit against purchaser … Continue reading

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April 16, 2014 in Tennessee | Permalink | No Comments

April 1, 2014

Tennessee Court Dismisses TILA, RICO, and RESPA Claims

By Ebube Okoli

The Tennessee court in deciding Mhoon v. United States Bank Home Mortg., 2013 U.S. Dist. (W.D. Tenn., 2013) dismissed the complaint of the plaintiff pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff [Mhoon] filed a complaint against defendant U.S. Bank. This … Continue reading

January 31, 2014

Tennessee Court Finds Allegation of Fraud Was Pled With Sufficient Particularity Pursuant to Tenn. R. Civ. P. 12.03

By Ebube Okoli

The court in deciding Zhong v. Quality Loan Serv. Corp., 2013 U.S. Dist. LEXIS 145916 (W.D. Wash. 2013) reversed the lower court’s ruling dismissing the mortgagor’s intentional misrepresentation claim on the pleadings pursuant to Tenn. R. Civ. P. 12.03. Plaintiff … Continue reading

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January 31, 2014 in Tennessee | Permalink | No Comments

December 4, 2013

Tennessee Court Grants Defendant’s Motion for Summary Judgment as Wells Fargo Had Ownership Interest in the Note & Deed

By Ebube Okoli

The court in deciding McKee v. Am. Brokers Conduit, 2013 U.S. Dist. LEXIS 152657 (W.D. Tenn. 2013) granted Wells Fargo’s motion for summary judgment. Plaintiffs claimed that (1) Wells Fargo didn’t have lawful ownership or a security interest in the … Continue reading

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December 4, 2013 in Tennessee | Permalink | No Comments

March 28, 2013

Tennessee Court of Appeals Dismisses Homeowner Complaint as Unripe

By Gloria Liu

In Mills v. First Horizon Home Loan Corp., No. W-2010-00310-COA-R3-CV, 2010 WL 4629610 (Tenn. Ct. App. Nov. 16, 2010), the court dismissed the homeowners complaint as unripe for declaratory judgment. It did not find that the mortgage would be unenforceable … Continue reading

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March 28, 2013 in Tennessee | Permalink | No Comments