April 28, 2014
Texas Court Rejects Break-in-the-Chain Claim
The court in deciding Martinez v. Wilmington Trust Co., 2013 U.S. Dist., (W.D. Tex. 2013) found that plaintiffs’ petition failed to state a claim to which relief could be granted and dismissed the action. Plaintiffs argued that the 2005 assignment … Continue reading
April 28, 2014 in 2013 | Permalink | No Comments
April 18, 2014
Defendants Could Not Show They Were not Debt Collectors as Defined by 15 U.S.C.S. § 1692a(6)(F)
The court in deciding Dias v. Fannie Mae, 2013 U.S. Dist. LEXIS 181584 (D. Haw., 2013) rejected all but one of the plaintiff’s claims. The court found that the plaintiff’s Haw. Rev. Stat. § 667-5 defective assignment claims against defendants … Continue reading
April 18, 2014 in 2013 | Permalink | No Comments
Since Bank was the Note-Holder it was a Person Entitled to Enforce the Note Pursuant to R.C. 1303.31(A)(1)
The court in deciding Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795 (Ohio Ct. App., Franklin County, 2013) affirmed the decision of the lower court. The court found that the promissory note was a negotiable instrument subject to relevant provisions of … Continue reading
April 18, 2014 in 2013 | Permalink | No Comments
April 17, 2014
Court Finds that Bank was Entitled to Enforce the Instrument Under R.C. 1303.31
The court in deciding M & T Bank v. Strawn, 2013-Ohio-5845 (Ohio Ct. App., Trumbull County 2013) affirmed the lower court’s decision and found that appellant’s argument was without merit. Appellant framed three issues for this court’s review. First, appellant … Continue reading
April 17, 2014 in 2013 | Permalink | No Comments
April 16, 2014
Maryland Court Denies Claim Alleging Violations of Federal and State Consumer Laws
The court in deciding Bolden v. McCabe, Weisberg & Conway, LLC, 2013 U.S. Dist., 182057 (D. Md. 2013) granted defendant’s motion to dismiss and denied plaintiff’s motion for summary judgment. Plaintiff in bringing this action alleged violations of the Fair … Continue reading
April 16, 2014 in 2013 | Permalink | No Comments
Minnesota Court Rejects Tweaked Version of Show-Me-the-Note Claim
The court in deciding Mutua v. Deutsche Bank Nat’l Trust Co., 2013 Minn. Dist. 65 (Minn. Dist. Ct. 2013) found that since the defendant had a valid legal title to plaintiffs’ mortgage. Plaintiffs had failed to state a claim against … Continue reading
April 16, 2014 in 2013 | Permalink | No Comments
April 3, 2014
Ohio Court of Appeals Finds that BAC had Failed to Demonstrate that it had Standing to Accelerate the Note and Foreclose the Mortgage
The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s judgment. Appellant Walter J. Blythe appealed the lower court’s decision granting summary judgment in favor of Appellee, BAC … Continue reading
April 3, 2014 in 2013 | Permalink | No Comments