REFinBlog

November 26, 2013

Texas Court Finds That MERS Had Authority to Assign, Thus Defendant Could Enforce Note

The plaintiff in Hines v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 153895 (S.D. Tex. Oct. 28, 2013), contended that defendants could not show an unbroken chain of title to enforce the note because MERS had no authority to … Continue reading →

November 25, 2013

Deutsche Bank Fails to Sufficiently Prove Ownership in Maine Supreme Judicial Court

In Deutsche Bank Nat’l Trust Co. v. Wilk, 2013 ME 79, 76 A.3d 363 (Me. 2013), the Maine Supreme Judicial Court vacated a judgment of foreclosure for Deutsche Bank on appeal by homeowner for Deutsche Bank’s failure to show ownership … Continue reading →

November 24, 2013

Michigan Dissmisses Plaintiff’s Action Seeking to Set Aside Sale of His Residence

The court in deciding Liddell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 153897 (E.D. Mich. Oct. 28, 2013) granted the defendants’ motion to dismiss plaintiff’s complaint. Plaintiff commenced the action seeking to set aside a sheriff’s sale … Continue reading →

Texas Court Dismisses Plaintiff’s Wrongful Foreclosure Action, as MERS was Authorized to Assign the Note and Deed of Trust to Defendant

The court in deciding Perez v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 153947, 2013 WL 5781208 (W.D. Tex. Oct. 25, 2013) dismissed the plaintiff’s wrongful foreclosure. Plaintiff alleged that the defendant’s foreclosure action was wrongful. Also plaintiff … Continue reading →

Supreme Court of New York Grants Plaintiff’s Motion to Dismiss and Denied Defendant’s Cross-Motion

The court in deciding Bank of N.Y. Mellon v Arthur, 2013 N.Y. Misc. LEXIS 4875, 2013 NY Slip Op 32625(U) (N.Y. Sup. Ct. Oct. 23, 2013) granted the plaintiff’s motion to dismiss and denied the defendant’s [Arthur] cross-motion. The Plaintiff … Continue reading →

November 22, 2013

Indiana Court of Appeals Holds HSBC Assignment Valid Despite Blank and Undated Allonge

In Buchanan v. HSBC Mortg. Servs., 993 N.E.2d 275, 2013 Ind. App. LEXIS 404, 2013 WL 4507932 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that HSBC had the right to foreclose on the homeowners’ mortgage, dismissing homeowners’ … Continue reading →

United States District Court Dismisses Plaintiff’s Intentional Misrepresentation and Negligent Misrepresentation Claims

The court in Hoffman v. Goldman, Sachs & Co., 2013 U.S. Dist. LEXIS 155092, 2013 WL 5797623 (D. Nev. Oct. 28, 2013) dismissed both of the plaintiff’s intentional misrepresentation and negligent misrepresentation claims. Plaintiffs asserted two claims in their complaint: … Continue reading →