Washington Court Dismisses Fair Debt Collection Practices Act and Washington Deed of Trust Act Violation Claims

Posted by & filed under 2014, Bankruptcy litigation, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation commentary, Equity, MERS/Bank has standing, MERS/Bank lacks standing, Note ownership litigation, Washington.

The court in deciding Dietz v. Quality Loan Serv. Corp., 2014 U.S. Dist. (W.D. Wash. Jan. 3, 2014) granted Wells Fargo and MERS’ motion to dismiss. This action involved is a post-sale wrongful foreclosure case. Plaintiff Timothy Dietz alleged causes of action for violation of the Fair Debt Collection Practices Act (FDCPA)(Counts I and IV)… Read more »

The Court found That Bank of America had Standing Even After Merger

Posted by & filed under 2013, Downstream litigation, Downstream litigation by state, Downstream litigation media coverage, Foreclosures, MERS/Bank has standing, Washington.

The court in deciding Bank of Am., N.A. v. Harris, 2013-Ohio-5749 (Ohio Ct. App., Cuyahoga County 2013) found Bank of America had standing after merger. Plaintiff moved for summary judgment arguing that Bank of America lacked standing to foreclosure because the bank was “a party solely by virtue of a purported assignment from MERS.” Plaintiff… Read more »

United States District Court Rejects Claim Under the Washington Consumer Protection Act

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

The United States District Court for the Western District of Washington in deciding Massey v. BAC Home Loans Servicing LP, 2013 U.S. Dist. 180472 (W.D. Wash. Dec. 23, 2013) granted defendants’ motions for summary judgment. Plaintiff Cindy T. Massey asserted a claim under the Washington Consumer Protection Act against defendants in connection with non-judicial foreclosure… Read more »

Washington Court Rejects Split-the-Note Theory

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

The court in Zhong v. Quality Loan Serv. Corp., 2013 U.S. Dist. LEXIS 145916 (W.D. Wash. 2013) granted defendant’s motion to dismiss. In her complaint, plaintiff alleged ten causes of action in connection with the initiation of the non-judicial foreclosure of her property. Specifically, she brought claims for (1) wrongful foreclosure under the Washington Deed… Read more »

Washington Court Dismisses Plaintiff’s State Consumer Protection Act Claim

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, Regulation, Washington.

The court in deciding Massey v. BAC Home Loans Servicing LP, 2013 U.S. Dist. LEXIS 148402 (W.D. Wash. 2013) granted the defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff Cindy T. Massey claimed that Northwest Trustee’s conduct in connection with the nonjudicial foreclosure proceedings on her property violated the… Read more »

Washington Court Denied the Plaintiff’s Motion for Preliminary Injunction

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

The court in deciding Cameron v. Acceptance Capital Mortg. Corp., 2013 U.S. Dist. LEXIS 151134 (W.D. Wash. 2013) denied the plaintiff’s motion for preliminary injunction. Nearly all of plaintiffs’ claims turn on a single question: whether, under Washington law, Flagstar had legal authority to appoint NWTS as successor trustee. Plaintiffs first asserted that Flagstar could… Read more »