Monthly Archives: January 2013
Ohio State Court of Appeals Holds that Bank has Standing to Foreclose
January 24, 2013
by Michael Liptrot
In Deutsche Bank Natl. Trust Co. v. Traxler, 2010-Ohio-3940, the Court of Appeals, Ninth District of the State of Ohio held that the bank had standing to commence a foreclosure action against the homeowners. The homeowners argued that the bank … Continue reading
Read MoreCenter on Budget and Policy Priorities Report on Rental Assistance
by David Reiss
The Center has issued a thought-provoking report, Renters’ Tax Credit Would Promote Equity and Advance Balanced Housing Policy. The summary states that Over the past several decades, the nation’s housing policy has focused predominantly on increasing homeownership. Most federal housing … Continue reading
Read MoreAppellate Division of New Jersey Finds Deutsche Bank Did Not Have Standing to Foreclose Under NJSA 12A:3-301
January 23, 2013
by Joseph Kelly
In Deutsche Bank Nat. Trust Co. v. Mitchell, 422 N.J. Super. 214, 27 A.3d 1229 (App. Div. 2011) the Appellate Division of New Jersey reversed the trial court’s grant of summary judgment to plaintiff/Deutsche Bank. In doing so, the court … Continue reading
Read MorePlaintiff’s Challenge to MERS While Not in Default Dismissed by Nevada Court
by Karl Dowden
In Wellington v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:12-CV-00541-KJD-VCF (D. Nev. Oct. 30, 2012), the plaintiff decided to challenge the use of MERS after learning of fraudulent activity in the mortgage industry. After failing to obtain documents … Continue reading
Read MoreCourt Dismissed Claim of Violation of the Nevada False Claims Act
by Karl Dowden
In State of Nevada, ex rel. Barrett Bates, et al. v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished), the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to … Continue reading
Read MoreLevitin Gives Overview of CFPB
by David Reiss
The extraordinarily prolific Adam Levitin has posted The Consumer Financial Protection Bureau: An Introduction. He concludes that the CFPB faces a constant challenge in terms of measuring and then balancing the consumer protection benefits from regulation with the costs of … Continue reading
Read MoreCFPB Issues Rules on High-Cost Mortgages
January 22, 2013
by David Reiss
The CFPB issued rules for high-cost mortgages (those with high interest rates and/or points and fees). Importantly, the rules now apply to most mortgages, including purchase money mortgages; refis; home equity loans; and home equity lines of credit. High-cost loans … Continue reading
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