Monthly Archives: February 2013
Rhode Island Court Compares Case to Kriegal
February 21, 2013
by Karl Dowden
In Chhun v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2011-4547, (R.I. Super. June 26, 2012), the plaintiff sought a declaration from the court to quiet title following a foreclosure sale. The plaintiff claimed that the foreclosing party … Continue reading
Read MoreReiss on Federal Housing Policy
by David Reiss
Law360 ran a story on President Obama’s vision for America’s housing policy and asked for my reaction: For a piece of mortgage-related legislation to have any chance of passing, it has to require that a borrower pay some kind of … Continue reading
Read MoreReiss on Pino Robo-Signing Case
by David Reiss
I had blogged about the case here. Law360 interviewed me about the broader significance of the case: Despite its application to just Florida, real estate and foreclosure attorneys around the country have been keeping tabs on the case, according to … Continue reading
Read MoreSuperior Court of New Hampshire Denies Homeowners’ Consumer Protection Claims, Finds MERS has Authority to Assign Mortgage
by Joseph Kelly
In Powers v. Aurora Loan Services, 2011 WL 4428713, the Superior Court of New Hampshire denied plaintiff/homeowners’ petition for injunctive relief and lifted the stay on foreclosure. Plaintiffs had sued Aurora for numerous violations of the New Hampshire Consumer Protection … Continue reading
Read MoreRhode Island Superior Court Addresses Issues Payette Did Not
by Karl Dowden
In Kriegel v. Mortgage Electronic Registration Systems, PC2010-7099 (R.I. Sup. October 13, 2011), the court granted the defendant’s motion to dismiss the plaintiff’s claim. The plaintiff sought a declaratory judgment and petition to quiet title for his property. The plaintiff … Continue reading
Read MoreOhio Appellate Court Holds that Bank Has Standing even though Assignment Was Not Recorded Before Bank Initiated Foreclosure Action
by Abigail Pugliese
In Deutsche Bank Nat’l Trust Co. v. Ingle, No. 92487, 2009 WL 2400852 (Ohio Ct. App. Aug. 6, 2009), the Court of Appeals upheld the trial court’s decision to grant summary judgment in favor of Deutsche Bank National Trust Company … Continue reading
Read MoreOhio Appellate Court Affirms Summary Judgment in Favor of Bank Despite Bank Commencing Foreclosure Action Before Executing Mortgage Assignment
by Abigail Pugliese
In Bank of New York v. Stuart, No. 06CA008953, 2007 WL 936706 (Ohio Ct. App. March 30, 2007), the appellate court affirmed summary judgment in favor of the Bank of New York (the “Bank”) despite the fact that the Bank … Continue reading
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