November 22, 2013
United States District Court Grants Defendant’s Motion to Dismiss Plaintiff’s TILA, RESPA, and GLBA Claims
The court in deciding Hopkins v. Green Tree Servicing, LLC, 2013 U.S. Dist. LEXIS 155547, 2013 WL 5888086 (D. Md. Oct. 30, 2013) granted defendant’s motion to dismiss plaintiff’s TILA, RESPA, and GLBA claims. Plaintiff referenced three statutes in their … Continue reading
November 22, 2013 in 2013 | Permalink | No Comments
November 21, 2013
United States District Court Dismisses Plaintiff’s Wrongful Foreclosure, Wrongful Ejectment, and Quiet Title Claims
The court in deciding Billete v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155544, 2013 WL 5840105 (D. Haw. Oct. 30, 2013) dismissed with prejudice the portions of plaintiff’s actions, including: Count I (wrongful foreclosure, wrongful ejectment, and … Continue reading
November 21, 2013 in 2013 | Permalink | No Comments
November 19, 2013
California Court Determines Plaintiff’s Claims are Barred by Res Judicata
The court in deciding Maxwell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155930, 2013 WL 5882457 (N.D. Cal. Oct. 30, 2013) concluded that the plaintiff’s claims were barred by res judicata and therefore granted [with prejudice] the … Continue reading
November 19, 2013 in 2013 | Permalink | No Comments
Northern District of California Court Dismisses Plaintiff’s Claims for Lack of Subject Matter Jurisdiction
The court in deciding Murphy v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 155923, 2013 WL 5883675 (N.D. Cal. Oct. 29, 2013) dismissed the plaintiff’s action without prejudice. The plaintiff in this case brought this action against defendants [Bank … Continue reading
November 19, 2013 in 2013 | Permalink | No Comments
November 18, 2013
Maine Supreme Judicial Court Holds that a NonHolder in Possession of a Mortgage Can Initiate a Foreclosure Action
The state Supreme Judicial Court of Maine in Wells Fargo Bank, N.A. v. Burek, 2013 WL 5760946 (2013) held that Wells Fargo properly initiated a foreclosure action against two homeowners, even though the court found that Wells Fargo was not … Continue reading
November 18, 2013 in 2013 | Permalink | No Comments
November 16, 2013
Michigan Court Finds MERS Had Capacity to Assign Mortgage, and Bank of New York Mellon Had Capacity to Accept MERS’s Assignment of the Mortgage
The court in Maslowski v. Mortgage Elec. Registration Sys., 2013 U.S. Dist. LEXIS 155970, 2013 WL 5876608 (W.D. Mich. Oct. 31, 2013) found that dismissal under Fed. R. Civ. P. 12(b)(6) is appropriate. The plaintiff in this case [Maslowski] challenged … Continue reading
November 16, 2013 in 2013 | Permalink | No Comments
Georgia Court Affirms That The Holder of a Deed to Secure Debt is Authorized to Exercise the Power of Sale in Accordance With the Terms of the Deed
The court in deciding Sanford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156084, 2013 WL 5899238 (N.D. Ga. Oct. 31, 2013), found that each of the plaintiff’s arguments lacked merit and subsequently granted defendant’s motion to dismiss. Plaintiff’s … Continue reading
November 16, 2013 in 2013 | Permalink | No Comments