Monthly Archives: February 2013
CFPB Mortgage Disclosure Forms: Test And Verify
February 11, 2013
by David Reiss
The CFPB is requesting comments relating to the collection of “information as part of quantitative research related to residential mortgage loan disclosures.” (8113) The purpose “of the quantitative testing will be to examine whether the disclosures aid consumers in understanding … Continue reading
Read MoreFederal District Court in Idaho Rule for Banks/MERS in Foreclosure Case
by Rafe Serouya
In Washburn v. Bank of America, N.A., 1:11-CV-00193-EJL, 2011 WL 7053617 (D. Idaho Oct. 21, 2011), the Idaho District Court recommended that the Defendants’ Motion to Dismiss be granted. Plaintiff Homeowner had defaulted on her loan and received a notice of … Continue reading
Read MorePennsylvania Court Holds Bank Has Standing to Bring Mortgage Foreclosure Action Before an Assignment to Bank is Recorded
by Abigail Pugliese
In US Bank v. Mallory, 982 A.2d 986 (Pa. Super. 2009), the Pennsylvania Superior Court affirmed an order of the Court of Common Pleas of Philadelphia, denying Appellant Mallory’s petition to strike and/or open the default judgment entered in favor … Continue reading
Read MoreEighth Circuit Court of Appeals Holds that Bank, as Holder of legal Title, could Commence Foreclosure-by-Advertisement
by Robert Huberman
In Stein v. Chase Home Fin., LLC, 662 F.3d 976 (8th Cir. 2011), The United States Court of Appeals, Eighth Circuit, held that the holder of legal title to a mortgage did not need to possess the corresponding promissory note … Continue reading
Read MoreMinnesota District Court Holds that a Mortgagee is not Required to Have an Interest in the Promissory Note in Order to Foreclose
by Robert Huberman
In Butler v. Bank of Am., N.A., CIV. 11-461 DWF/TNL, 2011 WL 2728321 (D. Minn. July 13, 2011), Minnesota District Court denied the Butlers’ motion to remand and granted Bank of America, BAC Homes Loans Servicing, LP, and Peterson, Fram … Continue reading
Read MoreMaryland District Court Dismisses Mortgagor’s Claims to Invalidate Foreclosure
by Abigail Pugliese
In Parillon v. Fremont Investment & Loan, et al., Civil No. L-09-3352, 2010 WL 1328425 (D. Md. March 25, 2010), the court granted bank/MERS’s motion to dismiss with respect to all of mortgagor claims, because Plaintiff mortgagor “filed a conclusory … Continue reading
Read MoreFederal District Court in Idaho Rules for Banks/MERS in Foreclosure Case
by Rafe Serouya
In Showell v. BAC Home Loans Servicing, L.P., 4:11-CV-00489-CWD, 2012 WL 4105472 (D. Idaho Sept. 17, 2012), the Court granted Defendants’ motions to dismiss. The Court once again held that since Idaho is a nonjudicial foreclosure state, standing, or proof of ownership … Continue reading
Read More
