REFinBlog

December 12, 2013

Missouri Court Dismisses Predatory Lending & TILA Claims

The court in deciding Fleming v. Bank of Am., 2013 U.S. Dist. LEXIS 150758 (W.D. Mo. Oct. 21, 2013) found the plaintiff’s argument and complaint to be filled with legal conclusions and disjointed, conclusory allegations. The court noted that the … Continue reading →

Michigan Court Dismisses Claim Seeking $4,500,000.00 in Damages

The court in deciding Kemp v. Resurgent Capital Servs., 2013 U.S. Dist. LEXIS 150713 ( E.D. Mich. Oct. 21, 2013) ultimately dismissed the plaintiff’s claim and request for $4,500,000.00. The complaint made the following claims: Count I lack of standing, … Continue reading →

December 11, 2013

Michigan Court Dismisses Fair Debt Collection Practices Act Claim

The court in deciding Mullins v. Fannie Mae, 2013 U.S. Dist. LEXIS 150718 (E.D. Mich. 2013) granted the defendant’s motion to dismiss. The plaintiff brought six causes of action: Count I—Fraudulent Misrepresentation; Count II—Estoppel; Count III—Negligence; Count IV—Violation of the … Continue reading →

December 10, 2013

District Court Rejects Claims That MERS Lacked Standing

The court in deciding Pratt v. Bank of Am. NA, 2013 U.S. Dist. LEXIS 151671 (D. Me. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged that the existence of forged documents related to a mortgage loan and that … Continue reading →

Lower Court’s Grant of Summary Judgement Affirmed by Nevada Court

The court in deciding Castro v. Bank of N.Y. Mellon, 2013 Nev. LEXIS 1602 (Nev. 2013) affirmed the lower courts judgment against the plaintiff. Plaintiff obtained a home loan from Decision One Mortgage Company, LLC and executed a promissory note … Continue reading →

Ohio Court Finds That Plaintiffs Were Not Bona Fide Purchasers

The Court of Appeals of Ohio, Fifth Appellate District, in deciding Bank of N.Y. Mellon v. Casey, 2013-Ohio-4686 (Ohio Ct. App., Fairfield County Oct. 21, 2013) affirmed the lower court’s judgment and held that the plaintiffs were not bona fide … Continue reading →

December 9, 2013

North Carolina Court Dismisses Plaintiff’s Claims of Fraud Against MERS, Bank of America, & Trustee Services of Carolina

The court in deciding Porterfield v. JP Morgan Chase Bank, Nat’l Ass’n, 2013 U.S. Dist. LEXIS 152318 (E.D.N.C. 2013) dismissed plaintiff’s claims and granted the defendant’s motion to dismiss. Plaintiff asserted the following claims: (1) wrongful foreclosure; (2) fraud; (3) … Continue reading →