August 31, 2015
Monday’s Adjudication Roundup
Thornburg Mortgage Inc. Ch. 11 trustee wins $45 million against RBC Capital Markets LLC for seizing and miscalculating the value of some mortgage-backed securities from Thornburg in 2007. Fidelity National Title Insurance Co. will not be liable for $38 million … Continue reading
August 31, 2015 in Bankruptcy litigation | Permalink | No Comments
June 8, 2015
Monday’s Adjudication Roundup
The United States Supreme Court held that Chapter 7 debtors cannot get rid of junior liens on underwater home loans under the bankruptcy code.
June 8, 2015 in Bankruptcy litigation | Permalink | No Comments
June 3, 2015
Reiss on SCOTUS Junior Lien Decision
Bloomberg BNA quoted me in Nagging Economic and Credit Questions Dampen Bankruptcy Victory for Bankers (behind paywall). It reads, in part: The U.S. Supreme Court delivered an important bankruptcy ruling for bankers that doesn’t, however, do anything about still-struggling homeowners (Bank … Continue reading
June 3, 2015 in Bankruptcy litigation | Permalink | No Comments
April 6, 2015
Monday’s Adjudication Roundup
HSBC facing suit for breaching its duties as trustee for 271 residential mortgage-backed securities trusts. The US Supreme Court considered whether debtors should have an absolute right to appeal denial of proposed bankruptcy plan after three circuit courts have found … Continue reading
April 6, 2015 in Bankruptcy litigation | Permalink | No Comments
February 23, 2015
Mortgage Assignment Mayhem
Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading
February 23, 2015 in Bankruptcy litigation | Permalink | No Comments
June 25, 2014
California Court Denies Claims that Deficiencies Rendered any Security Interest in the Deed of Trust Invalid
The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist. (S.D. Cal., 2013) ultimately found that the plaintiffs’ claims premised upon the securitization of the loan and violations of the PSA were to be dismissed. The … Continue reading
June 25, 2014 in Bankruptcy litigation | Permalink | No Comments
Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment
The court in deciding Morton v. Bank of Am., N.A., 2013 U.S. Dist. (W.D. Mich., 2013) ultimately concluded that the moving defendants are entitled to judgment on all plaintiff’s claims as a matter of law. Plaintiff asserted that none of … Continue reading
June 25, 2014 in Bankruptcy litigation | Permalink | No Comments
