REFinBlog

March 28, 2014

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 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 court’s decision. The court decided that the bank’s possession of the note was shown by the affidavit, along with … Continue reading →

Ohio Court Decided There Was no Basis to Challenge Standing Through a Civ.R. 60(B) Motion

The court in deciding Deutsche Bank Nat’l Trust Co. v. Santisi, 2013-Ohio-5848 (Ohio Ct. App., Trumbull County, 2013) ultimately denied the motion to vacate and affirmed the lower court’s decision. Santisi appealed the lower court’s decision and raised the following … Continue reading →

March 17, 2014

Georgia Court Denies Plaintiffs’ Motion for Reconsideration

The court in deciding White v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately denied the plaintiff’s motion for reconsideration, therein upholding the decision of the lower court. Plaintiffs alleged that because BANA did not hold the … Continue reading →

Appeals of Michigan Dismisses Fraud and Improper Assignment Claims

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, … Continue reading →

United States District Court Dismisses RICO and FDCPA Claims

The court in deciding Koenig v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Cal., 2013) ultimately granted the defendant’s motion to dismiss. Plaintiff Philip A. Koenig commenced this action against defendant Bank of America. Plaintiff alleged causes of action … Continue reading →

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 →