December 13, 2013
Plaintiffs Failed to Allege Facts Sufficient to Set Aside the Foreclosure Sale After the Expiration of the Statutory Redemption Period
The court in deciding Glover v. JPMorgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 149354 (E.D. Mich. 2013) granted defendant’s motion to dismiss plaintiffs’ complaint pursuant to F.R.C.P. 12(b)(6). All of the plaintiffs’ claims stemmed from the defendant’s purported refusal … Continue reading
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Michigan Court Finds That Defendants Were Not Acting Under Color of State Law
The court in deciding El-Jabazwe v. Wells Fargo Home Mortg., 2013 U.S. Dist. LEXIS 149854 ( E.D. Mich. Oct. 18, 2013) denied the plaintiff’s motions and granted the defendants’ motions. Plaintiff’s complaint listed the following Counts: 42 U.S.C. §1983 (Count … Continue reading
December 13, 2013 in 2013 | Permalink | No Comments
December 12, 2013
Missouri Court Dismisses Predatory Lending & TILA Claims
The court in deciding Fleming v. Bank of Am., 2013 U.S. Dist. LEXIS 150758 (W.D. Mo. Oct. 21, 2013) found the plaintiff’s argument and complaint to be filled with legal conclusions and disjointed, conclusory allegations. The court noted that the … Continue reading
December 12, 2013 in 2013 | Permalink | No Comments
Michigan Court Dismisses Claim Seeking $4,500,000.00 in Damages
The court in deciding Kemp v. Resurgent Capital Servs., 2013 U.S. Dist. LEXIS 150713 ( E.D. Mich. Oct. 21, 2013) ultimately dismissed the plaintiff’s claim and request for $4,500,000.00. The complaint made the following claims: Count I lack of standing, … Continue reading
December 12, 2013 in 2013 | Permalink | No Comments
December 11, 2013
Michigan Court Dismisses Fair Debt Collection Practices Act Claim
The court in deciding Mullins v. Fannie Mae, 2013 U.S. Dist. LEXIS 150718 (E.D. Mich. 2013) granted the defendant’s motion to dismiss. The plaintiff brought six causes of action: Count I—Fraudulent Misrepresentation; Count II—Estoppel; Count III—Negligence; Count IV—Violation of the … Continue reading
December 11, 2013 in 2013 | Permalink | No Comments
December 10, 2013
District Court Rejects Claims That MERS Lacked Standing
The court in deciding Pratt v. Bank of Am. NA, 2013 U.S. Dist. LEXIS 151671 (D. Me. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged that the existence of forged documents related to a mortgage loan and that … Continue reading
December 10, 2013 in 2013 | Permalink | No Comments
Lower Court’s Grant of Summary Judgement Affirmed by Nevada Court
The court in deciding Castro v. Bank of N.Y. Mellon, 2013 Nev. LEXIS 1602 (Nev. 2013) affirmed the lower courts judgment against the plaintiff. Plaintiff obtained a home loan from Decision One Mortgage Company, LLC and executed a promissory note … Continue reading
December 10, 2013 in 2013 | Permalink | No Comments
