Wisconsin Court Grants Summary Judgment in Favor of GMAC

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

The court in deciding GMAC Mortg., LLC v. Poley, 2013 Wisc. App. LEXIS 872 (Wis. Ct. App. 2013) affirmed the lower court’s decision in granting summary judgment in favor of GMAC. In this foreclosure action, the circuit court granted summary judgment in favor of the mortgagee, GMAC Mortgage LLC. On appeal, mortgagor James Poley argued… Read more »

Wisconsin Appellate Court Hold that Note and Mortgage are Both Transferred when Assignment is Made

Posted by & filed under 2010, Downstream litigation, MERS/Bank has standing, Wisconsin.

reports they will discuss In Countrywide Home Loan Servicing, LP v. Rohlf, No. 2009‐AP‐2330, 2010 WL 4630328 (Wis. App. Nov. 17, 2010), the court distinguished the decision of Landmark v. Kesler and held that the note and the mortgage are both transferred when assignment is made. The homeowners appealed from judgments of foreclosure on their… Read more »