July 23, 2014

By Ebube Okoli

The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) agreed with the defendants that the plaintiffs’ complaint failed to state a claim upon which relief could be granted and was to be dismissed … Continue reading

Court Finds that Defendants Failure to Record all Assignments of the Deed did not Violate ORS 86.735

By Ebube Okoli

The court in deciding Romani v. Northwest Trs. Servs., 2013 U.S. Dist. L (D. Or., 2013) granted the motion for summary judgment in favor of Northwest. The plaintiff’s complaint asserted four claims. Plaintiff alleged that the non-judicial foreclosure of her … Continue reading

July 10, 2014

U.S. Bank Had Standing to Bring Action

By Ebube Okoli

The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas. In their sole assignment of error, McHugh argued that US Bank … Continue reading

Connecticut Court Denies All Five of Defendant’s Special Defenses to Foreclosure Action

By Ebube Okoli

The court in deciding Bank of Am., N.A. v. Samaha, 2013 Conn. Super. (Conn. Super. Ct., 2013) granted the plaintiff’s motion for summary judgment. In this action, the plaintiff sought to foreclose a mortgage executed by Joseph Samaha and Denise … Continue reading

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

June 26, 2014

Alabama Court Rejects “Split-the-Note” Theory

By Ebube Okoli

The court in deciding Gray v. MERSCORP, Inc., 2013 U.S. Dist. (N.D. Ala., 2013) rejected the split the note theory put forward by Gray. This matter arose out of a note and mortgage executed in March 2007 by plaintiffs Clayburn … 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