September 23, 2014

Is Freddie the “Government” When It’s In Conservatorship?

By David Reiss

Professor Dale Whitman posted a commentary on Federal Home Loan Mortgage Corp. v. Kelley, 2014 WL 4232687, Michigan Court of Appeals (No. 315082, rev. op., Aug. 26, 2014)  on the Dirt listserv: This is a residential mortgage foreclosure case. The … Continue reading

August 19, 2014

Should The Mortgage Follow The Note?

By David Reiss

The financial crisis and the foreclosure crisis have pushed many scholars to take a fresh look at all sorts of aspects of the housing finance system. John Patrick Hunt has added to this growing body of literature with a posting … Continue reading

July 25, 2014

California Court Denies Plaintiffs’ Claims for Breach of Express Agreements, Breach of Implied Agreements, Slander of Title, Wrongful Foreclosure, and Violations of California Civil Codes

By Ebube Okoli

The court in deciding Zapata v. Wells Fargo Bank, N.A., 2013 U.S. Dist. (N.D. Cal. Dec., 2013) dismissed the plaintiff’s action for failure to state a claim. This action boiled down to an attempt made by the plaintiff to avoid … Continue reading

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