July 23, 2014
The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) agreed with the defendants that the plaintiffs’ complaint failed to state a claim upon which relief could be granted and was to be dismissed … Continue reading
July 23, 2014 in Downstream litigation by date | Permalink | No Comments
Court Finds that Defendants Failure to Record all Assignments of the Deed did not Violate ORS 86.735
The court in deciding Romani v. Northwest Trs. Servs., 2013 U.S. Dist. L (D. Or., 2013) granted the motion for summary judgment in favor of Northwest. The plaintiff’s complaint asserted four claims. Plaintiff alleged that the non-judicial foreclosure of her … Continue reading
July 23, 2014 in Downstream litigation by date | Permalink | No Comments
July 19, 2014
Georgia Court Dismisses RESPA, TILA, and HOEPA Claims
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) granted the defendant’s motion to dismiss. Plaintiffs Reginald and Jamela Mitchell claimed that the defendants Deutsche Bank National Trust Co. and MERS violated … Continue reading
July 19, 2014 in Downstream litigation by date | Permalink | No Comments
July 10, 2014
No MERS-Y for Maine Lenders
The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading
July 10, 2014 in Downstream litigation by date | Permalink | No Comments
U.S. Bank Had Standing to Bring Action
The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas. In their sole assignment of error, McHugh argued that US Bank … Continue reading
July 10, 2014 in Downstream litigation by date | Permalink | No Comments
Connecticut Court Denies All Five of Defendant’s Special Defenses to Foreclosure Action
The court in deciding Bank of Am., N.A. v. Samaha, 2013 Conn. Super. (Conn. Super. Ct., 2013) granted the plaintiff’s motion for summary judgment. In this action, the plaintiff sought to foreclose a mortgage executed by Joseph Samaha and Denise … Continue reading
July 10, 2014 in Downstream litigation by date | Permalink | No Comments
June 27, 2014
Tennessee Court Dismisses Plaintiff’s TCPA Claim
The court in deciding Amour v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Tenn., 2013) granted in part and denied in part the defendant’s motion to dismiss The plaintiffs brought three separate causes of action each of which the … Continue reading
June 27, 2014 in Downstream litigation by date | Permalink | No Comments
