REFinBlog

Editor: David Reiss
Brooklyn Law School

September 23, 2014

Is Freddie the “Government” When It’s In Conservatorship?

By David Reiss

Professor Dale Whitman posted a commentary on Federal Home Loan Mortgage Corp. v. Kelley, 2014 WL 4232687, Michigan Court of Appeals (No. 315082, rev. op., Aug. 26, 2014)  on the Dirt listserv: This is a residential mortgage foreclosure case. The … Continue reading

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September 23, 2014 in 2014 | Permalink | No Comments

August 7, 2014

Unfair Loan Mod Negotiations

By David Reiss

The Ninth Circuit issued an Opinion in Compton v. Countrywide Financial Corp. et al., (11-cv-00198 Aug. 4, 2014).  The District Court had dismissed Compton’s unfair or deceptive act or practice [UDAP] claim because she had failed to allege that the … Continue reading

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August 7, 2014 in 2014 | Permalink | No Comments

July 23, 2014

Maine Really Doesn’t Like Lenders

By David Reiss

I recently blogged in No MERS-y for Maine Lenders about a Maine Supreme Judicial Court opinion that seemed to go against the weight of authority as to a fundamental issue:  that the mortgage follows the note. The lender in that … Continue reading

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July 23, 2014 in 2014 | Permalink | No Comments

July 10, 2014

No MERS-Y for Maine Lenders

By David Reiss

The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading

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July 10, 2014 in 2014 | Permalink | No Comments

June 24, 2014

Borrowers Have “Been Through Hell”

By David Reiss

The Maine Supreme Judicial Court issued an opinion, U.S. Bank, N.A. v. David Sawyer et al., 2014 ME 81 (June 24, 2014), that makes you question the sanity of the servicing industry and the efficacy of the rule of law. … Continue reading

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June 24, 2014 in 2014 | Permalink | No Comments

April 16, 2014

Tennessee Court Rejected MERS’ Argument that Sale of Property Should be Invalidated

By Ebube Okoli

The court in deciding Mortgage Elec. Registration Sys. v. Ditto, 2014 Tenn. App. (Tenn. Ct. App., 2014) affirmed the judgment of the lower court. This appeal involved the purchase of property at a tax sale. MERS filed suit against purchaser … Continue reading

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April 16, 2014 in 2014 | Permalink | No Comments

North Carolina Court Dismisses FDCPA and RESPA Claims

By Ebube Okoli

The court in deciding Champion v. Bank of Am., N.A., 2014 U.S. Dist. 78 (E.D.N.C., 2014) dismissed the plaintiff’s FDCPA and RESPA claims. Plaintiff initiated this action asserting claims for violations of the Fair Debt Collection Practices Act (“FDCPA”), the … Continue reading

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April 16, 2014 in 2014 | Permalink | No Comments