June 26, 2014
Alabama Court Reverses Lower Court’s Decision Granting Summary Judgment to Foreclosing Entity
The court in deciding Sturdivant v. BAC Home Loan Servicing, LP, 2013 Ala. Civ. App. (Ala. Civ. App., 2013) reversed the lower court’s ruling that granted summary judgment to a foreclosing entity with respect to its complaint in ejectment against … Continue reading
June 26, 2014 in MERS/Bank lacks standing | Permalink | No Comments
June 25, 2014
Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment
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 25, 2014 in MERS/Bank lacks standing | Permalink | No Comments
June 19, 2014
Hawaii Court Holds that Debtor had Standing to Enforce Note and Mortgage Under Haw. Rev. Stat. § 490:3-301(ii) Even Though it was a Non-Holder
The court in deciding 1250 Oceanside Partners v. Katcher, 2013 Bankr. (D. Haw. 2013) recommended that the district court enter a decree of foreclosure in favor of the debtor. The debtor in possession of 1250 Oceanside Partners sought to enforce … Continue reading
June 19, 2014 in MERS/Bank lacks standing | Permalink | No Comments
June 16, 2014
Ohio Appeals Court Reverses Summary Judgment in Favor of Bank as Genuine Issue of Fact Existed as to Whether the Bank held the Note
The court in deciding U.S. Bank N.A. v. Kamal, 2013-Ohio-5380 (Ohio Ct. App., Mahoning County, 2013) reversed and remanded the lower court’s ruling. The court decided that there were genuine issues of material fact as to whether U.S. Bank was … Continue reading
June 16, 2014 in MERS/Bank lacks standing | Permalink | No Comments
June 11, 2014
NY Court Rejects Lack-of-Standing Claim
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
June 11, 2014 in MERS/Bank lacks standing | Permalink | No Comments
Georgia Court Dismisses Plaintiff’s RESPA, TILA and HOEPA Claims
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
June 11, 2014 in MERS/Bank lacks standing | Permalink | No Comments
May 30, 2014
Georgia Court Dismisses TILA and RESPA Claims Brought by Plaintiff
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
May 30, 2014 in MERS/Bank lacks standing | Permalink | No Comments