REFinBlog

Editor: David Reiss
Cornell Law School

March 9, 2014

Michigan District Court Dismisses Homeowners’ Claims Against J.P. Morgan Chase Bank and Fannie Mae

By Karume James

In October 2013, the United States District Court for the Western District of Michigan in Nederhoed v. J.P. Morgan Chase Bank, 2013 WL 5533683 (W.D.Mich. 2013) dismissed the Plaintiff homeowner’s claims against Defendants J.P. Morgan Chase Bank and Fannie Mae … Continue reading

Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender

By Karume James

In October 2013, the United States District Court of Michigan, Eastern District in Davis v. Green Tree Servicing, LLC 2013 WL 5551055 (E.D.Mich 2013) dismissed the Plaintiff homeowner’s claims for fraud and breach of contract against the Defendant mortgage lender. In … Continue reading

March 7, 2014

Whitman on Servicer Lies

By David Reiss

Professor Dale Whitman posted a commentary on Quintana v. Bank of America, No. CV 11–2301–PHX, 2014 WL 690906 (D.Ariz. Feb. 24, 2014) (not reported in F.Supp.2d) on the Dirt listserv: Synopsis: A borrowers who is “jerked around” by a mortgage … Continue reading

March 6, 2014

California Court Denies Dismissal of Wrongful Foreclosure Claim

By Ebube Okoli

The California court in Engler v. ReconTrust Co., 2013 U.S. Dist. 179950 (C.D. Cal. 2013) dismissed all but one of the plaintiff’s complaint. Plaintiff originally filed suit against defendants BAC and MERS on June 6, 2012. On March 1, 2013, … Continue reading

Ohio Court Dismisses Claims Asserting that MERS Could Not Act as Nominee

By Ebube Okoli

The court in deciding Cline v. Mortg. Elec. Registration Sys., 2013-Ohio-5706 (Ohio Ct. App., Franklin County 2013) overruled appellant’s seven assignments of error, thus this court upheld the judgment of the lower court. The lower court granted MERS’ motion after … Continue reading

Washington Court Upholds Dismissal of RESPA Claims

By Ebube Okoli

The court in deciding Bhatti v. Guild Mortg. Co., 2013 U.S. App. 25659 (9th Cir. Wash. 2013) ultimately upheld the lower court’s decision by dismissing the plaintiff’s RESPA claims. Plaintiffs Nusrat Bhatti and Erfan Semuel filed a complaint in Washington … Continue reading

March 5, 2014

Illinois Court Finds that Assignment was Proper, Thus Wells Fargo Could Foreclose

By Ebube Okoli

The court in deciding Wells Fargo Bank, N.A. v. Abatangelo, 2013 IL App (1st) 130423-U (Ill. App. Ct. 1st Dist. 2013) affirmed the lower court’s ruling in favor of plaintiff Wells Fargo. The court determined Wells Fargo had standing to … Continue reading