REFinBlog

April 18, 2014

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 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 16, 2014

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

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 →

North Carolina Court Dismisses FDCPA and RESPA Claims

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 →

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 →

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 →

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 →