REFinBlog

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 →

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 →

Ohio Appellate Court Affirms Judgment in Favor of Arch Bay Holdings

The court in deciding Arch Bay Holdings, LLC v. Brown, 2013-Ohio-5453 (Ohio Ct. App., Montgomery County, 2013) found that the lower court did not err in confirming the sheriff’s sale, thus the judgment of the Montgomery County Common Pleas Court … Continue reading →

May 29, 2014

Ohio Appeals Court Denies Assignment Error Claim Brought by Appellee

The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) concluded that the trial court properly denied mortgagors’ motion under Civ.R. 60(B)(2). Appellants argued that appellee lacked standing and was not the … Continue reading →

Connecticut Court Rejects Invalid Assignment and Standing Claims

The court in deciding Bank of Am., N.A. v. Samaha, 2013 Conn. Super.  (Conn. Super. Ct., 2013) granted summary judgment in favor of the plaintiff. Plaintiff sought to foreclose a mortgage executed by Joseph Samaha and Denise Samaha in favor … Continue reading →

May 27, 2014

California Court Rejects Improper Pooling and Servicing Agreement Argument Brought by Plaintiffs

The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist., (S.D. Cal., 2013) dismissed the plaintiffs’ claims. Plaintiffs alleged three causes of action: 1) quiet title; 2) declaratory relief to determine the validity of the deed … Continue reading →

May 24, 2014

New York Court Denies Defendant’s Cross-Move to Dismiss Plaintiff’s Complaint Pursuant to CPLR 3211(a)(3)

The court in deciding Waterfall Victoria Master Fund, Ltd. v Hayle, 2013 N.Y. Misc. (N.Y. Sup. Ct. Dec. 11, 2013) denied the defendants’ cross-motion to dismiss the complaint based upon the plaintiff’s lack of standing is denied. The court granted … Continue reading →