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December 28, 2013

California Court Dismisses Show-Me-the-Note Claim

The court in deciding Newman v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 147562 (E.D. Cal. 2013) granted the defendant’s motion and dismissed the complaint. Plaintiff (Newman) argued that he was not challenging the authorization to foreclose, nor was … Continue reading →

December 27, 2013

Utah Court Dismisses HAMP, RICO, ECOA, RESPA & FDCPA Claims

The court in deciding Cornia v. Countrywide Home Loans, Inc., 2013 U.S. Dist. LEXIS 149592 (D. Utah 2013) granted defendant’s motion to dismiss. Plaintiffs’ claims based on securitization, assignment to MERs, or “robo-signing,” were dismissed with prejudice. Plaintiffs’ complaint sought … Continue reading →

Texas Court Found That There Was no Gap in Chain of Title

The court in deciding Acosta v. Fannie Mae, 2013 U.S. Dist. LEXIS 148066 (S.D. Tex. 2013) found that Under Section 51.0025 of the Texas Property Code, BOA had standing to foreclose as servicer of the loan. Plaintiff asserted numerous claims … Continue reading →

December 24, 2013

Michigan Court Holds That Plaintiffs Were Not Subject to Double Liabilty on Their Debt and Thus Lacked Standing

The court in deciding Laues v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 147912 ( E.D. Mich. Oct. 15, 2013) granted the defendant’s motion and dismissed the plaintiff’s claim. Plaintiffs Roy A. Laues and Kristin G. Laues (“the Laues”), … Continue reading →

Michigan Court Dismisses State Claims Against 13 Defendants – Including Wells Fargo

The court in deciding Berry v. Main St. Bank, 2013 U.S. Dist. LEXIS 147915 ( E.D. Mich. 2013) granted the defendant’s motion to dismiss, and the plaintiff’s claims were dismissed without prejudice. Plaintiff Erik Berry initiated this action against thirteen … Continue reading →

Michigan Court Dismisses MCPA & HOEPA Claims

The court in deciding Huff v. Fannie Mae, 2013 U.S. Dist. LEXIS 148053 (E.D. Mich. Oct. 2013) granted Bank of America’s motion to dismiss. Plaintiff advanced a claim against defendants for quiet title (Count I) and alleged that defendants violated … Continue reading →

Illinois Court Finds Statute of Limitation Barres TILA & Fraud Claims

The court in deciding Gater v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 149872 (N.D. Ill. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged violations of Truth-in-Lending Act (TILA), 15 U.S.C. §§ 1601, et seq. claim (Count … Continue reading →