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 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

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

July 10, 2014

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

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 26, 2014

Alabama Court Reverses Lower Court’s Decision Granting Summary Judgment to Foreclosing Entity

By Ebube Okoli

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