REFinBlog

January 13, 2014

Florida Appellate Court Holds that Mortgagee is not Required to be the Mortgage Holder and Owner to have Standing for Foreclosure Action

The District Court of Appeal of Florida in Wells Fargo Bank, N.A., v. Morcom, 2013 WL 5575634 (Fl. Ct. App., 5th Dist. 2013), held that mortgagee was not required to be both holder and owner of promissory note in order to … Continue reading →

New York Appellate Court Holds that Plaintiff Bank Did not Have Standing as Mortgage Holder

The New York State Appellate Division, Second Department in Midland Mortg. Co. v. Imtiaz, 110 A.D.3d 773 (2d Dept. 2013), held that the Plaintiff did not have standing to initiate the action because it failed to establish its status as … Continue reading →

January 9, 2014

Oregon Court Dismisses Plaintiff’s Oregon Revised Statute § 86.745(1) Claim

The court in Woods v. United States Bank N.A., 2013 U.S. Dist. LEXIS 146485 (D. Or. 2013) ultimately granted the defendants’ motion to dismiss, and dismissed with prejudice. Plaintiffs sought a declaratory judgment voiding and setting aside the foreclosure of … Continue reading →

California Appeals Court Affirms Lower Court’s Decision to Sustain Defendant’s Demurrer

The court in deciding Nehme v. Bac Home Loans Servicing, 2013 Cal. App. Unpub. LEXIS 7366 (Cal. App. 2d Dist. Oct. 15, 2013) affirmed the lower court decision. Plaintiff (William Nehme) brought this action for fraud, rescission, and other claims … Continue reading →

Ohio Appeals Court Affirms Lower Court Decision Granting Summary Judgement in Favor of Bank of America

The court in deciding Bank of Am., N.A. v. Hizer, 2013-Ohio-4621 (Ohio Ct. App., Lucas County 2013) ultimately granted the defendant’s motion for summary judgment. This case was an appeal from a judgment of the Lucas County Court of Common … Continue reading →

Texas Court Dismisses Action Claiming Fraud in Concealment, Fraud in Inducement, Quiet Title, & Rescission

The court in deciding Diaz-Angarita v. Countrywide Home Loans, Inc., 2013 U.S. Dist. LEXIS 147091 (S.D. Tex. 2013) eventually dismissed the plaintiff’s claims. Plaintiff asserted causes of action for “fraud in the concealment,” fraud in the inducement, to quiet title, … Continue reading →

January 7, 2014

California Court Dismisses Claim Due to lack of Standing and Failure to State a Claim

The court in deciding Britto v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 146978 (N.D. Cal. 2013) granted defendant’s motion to dismiss. In this foreclosure action, defendants moved to dismiss the complaint for lack of standing and failure to … Continue reading →