March 9, 2014
Michigan District Court Dismisses Homeowners’ Claims Against J.P. Morgan Chase Bank and Fannie Mae
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
March 9, 2014 in Downstream litigation by date | Permalink | No Comments
Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender
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 9, 2014 in Downstream litigation by date | Permalink | No Comments
March 7, 2014
Whitman on Servicer Lies
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 7, 2014 in Downstream litigation by date | Permalink | No Comments
March 6, 2014
California Court Denies Dismissal of Wrongful Foreclosure Claim
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
March 6, 2014 in Downstream litigation by date | Permalink | No Comments
Ohio Court Dismisses Claims Asserting that MERS Could Not Act as Nominee
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
March 6, 2014 in Downstream litigation by date | Permalink | No Comments
Washington Court Upholds Dismissal of RESPA Claims
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 6, 2014 in Downstream litigation by date | Permalink | No Comments
March 5, 2014
Illinois Court Finds that Assignment was Proper, Thus Wells Fargo Could Foreclose
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
March 5, 2014 in Downstream litigation by date | Permalink | No Comments