July 19, 2014

Georgia Court Dismisses RESPA, TILA, and HOEPA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) granted the defendant’s motion to dismiss. Plaintiffs Reginald and Jamela Mitchell claimed that the defendants Deutsche Bank National Trust Co. and MERS violated … Continue reading

June 27, 2014

Court Decides that Lower Court Was Correct in Granting Summary Judgment in Favor of Bank of America and ReconTrust on FDCPA Claims

By Ebube Okoli

The court in deciding Brown v. Bank of Am., N.A. (In re Brown), 2013 Bankr. (B.A.P. 9th Cir., 2013) affirmed the lower court’s holding. The plaintiff in this case alleged alleged that BAC and ReconTrust violated the CPA by promulgating, … Continue reading

June 25, 2014

Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment

By Ebube Okoli

The court in deciding Morton v. Bank of Am., N.A., 2013 U.S. Dist. (W.D. Mich., 2013) ultimately concluded that the moving defendants are entitled to judgment on all plaintiff’s claims as a matter of law. Plaintiff asserted that none of … Continue reading

June 11, 2014

NY Court Rejects Lack-of-Standing Claim

By Ebube Okoli

The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading

Georgia Court Dismisses Plaintiff’s RESPA, TILA and HOEPA Claims

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) found no plain error in the lower court’s conclusion to dismiss the plaintiffs’ claims. Plaintiffs Reginald and Jamela Mitchell filed a complaint against … Continue reading

May 30, 2014

Georgia Court Dismisses TILA and RESPA Claims Brought by Plaintiff

By Ebube Okoli

The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga. Sept. 25, 2013) granted the motion to dismiss proffered by the defendant. The first enumerated cause of action in Plaintiffs’ complaint was a claim … Continue reading

Ohio Appellate Court Affirms Judgment in Favor of Arch Bay Holdings

By Ebube Okoli

The court in deciding Arch Bay Holdings, LLC v. Brown, 2013-Ohio-5453 (Ohio Ct. App., Montgomery County, 2013) found that the lower court did not err in confirming the sheriff’s sale, thus the judgment of the Montgomery County Common Pleas Court … Continue reading