REFinBlog

Editor: David Reiss
Brooklyn Law School

March 26, 2014

Ohio Court Decided There Was no Basis to Challenge Standing Through a Civ.R. 60(B) Motion

By Ebube Okoli

The court in deciding Deutsche Bank Nat’l Trust Co. v. Santisi, 2013-Ohio-5848 (Ohio Ct. App., Trumbull County, 2013) ultimately denied the motion to vacate and affirmed the lower court’s decision. Santisi appealed the lower court’s decision and raised the following … Continue reading

March 17, 2014

Appeals of Michigan Dismisses Fraud and Improper Assignment Claims

By Ebube Okoli

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, … Continue reading

March 6, 2014

Ohio Court Dismisses Claims Asserting that MERS Could Not Act as Nominee

By Ebube Okoli

The court in deciding Cline v. Mortg. Elec. Registration Sys., 2013-Ohio-5706 (Ohio Ct. App., Franklin County 2013) overruled appellant’s seven assignments of error, thus this court upheld the judgment of the lower court. The lower court granted MERS’ motion after … Continue reading

February 18, 2014

United States District Court for the District of Columbia Dismisses Case Due to Lack of Jurisdiction

By Ebube Okoli

The court in deciding Glaviano v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. 180582 (D.D.C. Dec. 27, 2013) dismissed the plaintiff’s claim due to lack of jurisdiction. Plaintiffs alleged that the defendants did not have “possession of the note” … Continue reading

January 31, 2014

Nevada Court Dismisses Show-me-the-Note Action Brought Against Chase and MERS

By Ebube Okoli

The court in Leong v. JPMorgan Chase, 2013 U.S. Dist. LEXIS 144678 (D. Nev. Oct. 7, 2013) granted defendants’ motion to dismiss. This action arose out of the foreclosure proceedings initiated against the property of pro se Plaintiff Teresa Leong. … Continue reading

January 27, 2014

Maine Superior Court Denies Foreclosure Action Because Bank Failed to Strictly Follow Statutory Notice Requirement

By Karume James

In Bank of N.Y. Mellon v. McKenna, the Superior Court of Maine precluded a foreclosure action on a finding that the plaintiff bank failed to strictly follow the relevant statutory notice requirements. In 2007, defendant Robert McKenna (“McKenna”) bought a … Continue reading

January 13, 2014

New York Appellate Court Holds that Plaintiff Bank Did not Have Standing as Mortgage Holder

By Karume James

The New York State Appellate Division, Second Department in Midland Mortg. Co. v. Imtiaz, 110 A.D.3d 773 (2d Dept. 2013), held that the Plaintiff did not have standing to initiate the action because it failed to establish its status as … Continue reading