REFinBlog

Editor: David Reiss
Brooklyn Law School

May 24, 2014

California Court Holds that the Securitization of Mortgage Loan did not Nullify Rights Granted Under Deed, Including the Right to Foreclose

By Ebube Okoli

The court in deciding Rivac v. Ndex West LLC, 2013 U.S. Dist. (N.D. Cal. Dec. 17, 2013) granted the motion to dismiss tendered by the defendant. Plaintiffs filed a complaint that alleged eight causes of action including; (1) breach of … Continue reading

May 23, 2014

Supreme Court of New York (Kings County) Denies Summary Judgment Motion on Plaintiff’s Standing To Foreclose

By Ebube Okoli

The court in deciding U.S. Bank Natl. Assn. v Steinberg, 42 Misc. 3d 1201(A) (N.Y. Sup. Ct. 2013) denied the plaintiff’s motion for summary judgment in its entirety. The Morgan Stanley Mortgage Trust commenced this foreclosure action against the Steinbergs. … Continue reading

Illinois Court Rejects “Show Me the Note” Argument

By Ebube Okoli

The court in Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 1st Dist. 2013) rejected show-me-the-note argument proffered by the defendant. Defendants claimed that Parkway did not demonstrate proper standing to foreclose because … Continue reading

May 20, 2014

Connecticut Court Denies Claim Alleging Lack of Standing

By Ebube Okoli

The court in deciding Deutsche Bank Nat’l Trust Co. v. Speer, 2013 Conn. Super. 2682 (Conn. Super. Ct., 2013) found that the defendant misstated the law in arguing that the plaintiff must hold the assignment of the mortgage before commencing … Continue reading

S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading

May 2, 2014

Defaulting Mortgagor Lacked Standing Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. (Bankr. S.D.N.Y., 2013) held that the plaintiff Scott was not a party in interest and therefore lacked standing to assert a violation of the automatic stay. The court thus … Continue reading

Court Rejects Arguments that Mortgage Electronic Registration Systems, Inc. Lacked the Authority to Assign Mortgage

By Ebube Okoli

The court in deciding Jones v. Nationstar Mortg. LLC, 2013 U.S. Dist. (W.D. Mich., 2013) granted defendant Nationstar’s motion for summary judgment. Plaintiff alleged that the foreclosure of his property was unlawful for the following reasons: (1) Nationstar refused to … Continue reading