April 2, 2014
Appellate Court of Illinois Awarded Summary Judgment to Plaintiff Where Defendant Failed to Show That Plaintiff was an Unlicensed Debt Collector Under the Collection Agency Act
The Illinois court in deciding Kondaur Capital Corp. v. Sreenan, 2013 Ill. App. (Ill. App. Ct. 1st Dist. 2013) affirmed the judgment of the circuit court granting summary judgment for the plaintiff. In the summary judgment motion, the plaintiff asserted … Continue reading
April 2, 2014 in 2013 | Permalink | No Comments
April 1, 2014
Appellate Court of Illinois Denies Defendants’ Motion for Presentment and Cause to Vacate Judgment was Misplaced and Had no Legal Significance
The Appellate Court of Illinois in deciding Deutsche Bank Nat’l Trust Co. v. Cole, 2013 IL App (2d) 130450-U (Ill. App. Ct. 2d Dist. 2013) held that the trial court properly confirmed a judicial sale, as the plaintiff had no … Continue reading
April 1, 2014 in 2013 | Permalink | No Comments
Hawaiian Court Finds That Foreclosure was Permissible on 1250 Oceanside
The court in deciding In re 1250 Oceanside Partners, (Bankr. D. Haw., 2013) ultimately came to the conclusion that Oceanside was entitled to foreclose. The debtor in possession, 1250 Oceanside (Oceanside), sought to enforce a promissory note and foreclose a … Continue reading
April 1, 2014 in 2013 | Permalink | No Comments
Tennessee Court Dismisses TILA, RICO, and RESPA Claims
The Tennessee court in deciding Mhoon v. United States Bank Home Mortg., 2013 U.S. Dist. (W.D. Tenn., 2013) dismissed the complaint of the plaintiff pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii). Plaintiff [Mhoon] filed a complaint against defendant U.S. Bank. This … Continue reading
April 1, 2014 in 2013 | Permalink | No Comments
March 28, 2014
Ohio Court Held That the Promissory Note was a Negotiable Instrument Subject to Relevant Provisions of R.C. Chapter 1303
The court in deciding Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795 (Ohio Ct. App., Franklin County, 2013) ultimately decided that the motion to strike moot, thus this court affirmed judgment of the lower court. This court held that the promissory … Continue reading
March 28, 2014 in 2013 | Permalink | No Comments
Ohio Court Reverses Summary Judgment in Favor of HSBC Bank
The court in deciding HSBC Bank USA v. Teagarden, 2013-Ohio-5816 (Ohio Ct. App., Trumbull County, 2013) reversed the ruling for summary judgment in favor of HSBC Bank. Defendants-appellants, [Teagardens], appealed two judgment entries from the lower court, dismissing the Teagardens’ … Continue reading
March 28, 2014 in 2013 | Permalink | No Comments
March 26, 2014
Ohio Court Decides Bank’s Possession of Note was Properly Shown
The court in deciding M & T Bank v. Strawn, 2013-Ohio-5845 (Ohio Ct. App., Trumbull County, 2013) ultimately affirmed the lower courtโs decision. The court decided that the bank’s possession of the note was shown by the affidavit, along with … Continue reading
March 26, 2014 in 2013 | Permalink | No Comments