REFinBlog

February 7, 2014

Missouri Court Dismisses Real Estate Settlement Procedures Act and Home Ownership Equity Protection Act Violation Claims Brought Against Nationstar Mortgage, LLC and MERS

The court in deciding White v. CTX Mortg., LLC, 2013 U.S. Dist. LEXIS 146589 (W.D. Mo. 2013) ultimately granted the defendant’s motion to dismiss. The plaintiff’s complaint asserted that the chain of title had been broken. Consequently, “title was not … Continue reading →

Nevada Court Dismisses TILA and Fraud Claims Brought Against Chase and MERS

The court in deciding Leong v. JPMorgan Chase, 2013 U.S. Dist. LEXIS 144678 (D. Nev. 2013) ultimately granted the defendant’s motion to dismiss. This action arose out of the foreclosure proceedings initiated against the property of the plaintiff Teresa Leong. … Continue reading →

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 →

January 31, 2014

Nevada Court Dismisses Show-me-the-Note Action Brought Against Chase and MERS

The court in Leong v. JPMorgan Chase, 2013 U.S. Dist. LEXIS 144678 (D. Nev. Oct. 7, 2013) granted defendants’ motion to dismiss. This action arose out of the foreclosure proceedings initiated against the property of pro se Plaintiff Teresa Leong. … Continue reading →

Michigan Court Finds Plaintiff’s Argument to Prevent Removal Lacked Merit

The court in Ordway v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 145228 ( E.D. Mich. Oct. 8, 2013) granted defendants’ motion and denied plaintiff’s motion. This was a case challenging foreclosure proceedings. Plaintiff named Bank of America, N.A. … Continue reading →

California Court Dismisses Action Brought Against MERS and Aurora Loan Services for Wrongfully Initiated Foreclosure Proceedings

The court in Morgan v. Aurora Loan Servs., LLC, 2013 U.S. Dist. LEXIS 145623 (C.D. Cal. 2013) granted defendants’ motion to dismiss plaintiff’s claims. The court concluded that the “allegation of other facts consistent with the challenged pleading could not … Continue reading →

Tennessee Court Finds Allegation of Fraud Was Pled With Sufficient Particularity Pursuant to Tenn. R. Civ. P. 12.03

The court in deciding Zhong v. Quality Loan Serv. Corp., 2013 U.S. Dist. LEXIS 145916 (W.D. Wash. 2013) reversed the lower court’s ruling dismissing the mortgagor’s intentional misrepresentation claim on the pleadings pursuant to Tenn. R. Civ. P. 12.03. Plaintiff … Continue reading →