April 16, 2014
Illinois Court Rejects Plaintiff’s Claims of FDCPA, Fourteenth Amendment, Mortgage Foreclosure Law, and Assignment Violations
The court in deciding Gonzalez v. Bank of Am., N.A., 2014 U.S. Dist, 67 (N.D. Ill. 2014) granted defendant’s motion to dismiss. Plaintiff (Gonzalez) filed a four-count complaint against Bank of America and MERS seeking damages arising from alleged violations … Continue reading
April 16, 2014 in 2014 | Permalink | No Comments
April 4, 2014
Washington Court Dismisses Fair Debt Collection Practices Act and Washington Deed of Trust Act Violation Claims
The court in deciding Dietz v. Quality Loan Serv. Corp., 2014 U.S. Dist. (W.D. Wash. Jan. 3, 2014) granted Wells Fargo and MERS’ motion to dismiss. This action involved is a post-sale wrongful foreclosure case. Plaintiff Timothy Dietz alleged causes … Continue reading
April 4, 2014 in 2014 | Permalink | No Comments
March 11, 2014
This Note and Mortgage Are Unenforceable
The Bankruptcy Appellate Panel of the Sixth Circuit issued a thoughtful opinion in In re: Dorsey, File No. 14b0002n.06 (March 7, 2014) but it leaves me dissatisfied. As Elizabeth Renuart and Dale Whitman have each demonstrated, courts have had a … Continue reading
March 11, 2014 in 2014 | Permalink | No Comments
February 5, 2014
Arizona’s “Unholy” Foreclosure Mess
Professor Dale Whitman posted a commentary about Steinberger v. McVey ex rel. County of Maricopa, 2014 WL 333575 (Ariz. Court of Appeals, Jan. 30, 2014) on the Dirt listserv: A defaulting borrower may defend against foreclosure on ground that the chain of … Continue reading
February 5, 2014 in 2014 | Permalink | No Comments
