REFinBlog

January 21, 2014

Ohio Court of Appeals Holds that Countrywide Home Loans has Standing to Bring a Foreclosure Action

On October 25, 2013, the Ohio Court of Appeals in Countrywide Home Loans v. Montgomery held that the Plaintiff had standing to initiate a foreclosure action since it was the party in interest at the time the suit was commenced. … Continue reading →

Florida Appeals Court Holds that Service Agent of Bank has Standing to Initiate Foreclosure Action

On October 13, 2013, the Florida District Court of Appeals in American Home Mortgage Servicing, Inc. v. Bednarek held that a servicing agent of a larger bank had standing to file a foreclosure action against a homeowner because it properly … Continue reading →

January 19, 2014

California Court Dismisses All Seven Causes of Action Arising Out of the Alleged Wrongful Foreclosure of Plaintiff’s Home

The court in deciding Dorn v. Countrywide Home Loans, 2013 Cal. App. Unpub. LEXIS 7356 (Cal. App. 2d Dist. 2013) concluded that the trial court did not abuse its discretion in dismissing the action; the court thus affirmed the lower … Continue reading →

Wisconsin Court Grants Summary Judgment in Favor of GMAC

The court in deciding GMAC Mortg., LLC v. Poley, 2013 Wisc. App. LEXIS 872 (Wis. Ct. App. 2013) affirmed the lower court’s decision in granting summary judgment in favor of GMAC. In this foreclosure action, the circuit court granted summary … Continue reading →

Michigan Court Grants Summary Judgement in Favor of Bank

The court in deciding Wargelin v. Bank of Am., 2013 U.S. Dist. LEXIS 146326 ( E.D. Mich. 2013) ultimately granted defendants’ motion for summary judgment. Plaintiff brought an action arising out of a foreclosure and subsequent sheriff’s sale of his … Continue reading →

January 18, 2014

California Court Finds Plaintiff Lacked Standing to Bring Action

The court in deciding Mottale v. Kimball Tirey & St. John, LLP, 2013 U.S. Dist. 146293 (S.D. Cal. Oct. 9, 2013) ultimately granted the defendants’ motion to dismiss. Plaintiff alleged unnamed investors brought an unlawful detainer action in state court … Continue reading →

New York Court Finds Chase Had the Right to Enforce the Loan

The court in deciding Beka Realty LLC v JP Morgan Chase Bank, N.A., 41 Misc. 3d 1213(A) (N.Y. Sup. Ct. 2013) ultimately granted Chase’s motion for an order dismissing plaintiff’s claims. Beka Realty LLC (plaintiff) brought an action against defendant … Continue reading →