May 31, 2013
NY Appellate Court Rules Modification Not Enforceable in Foreclosure
The Appellate Division ruled in Wells Fargo Bank, N.A. v. Meyers, 2013 Slip Op. 03085 (2d Dep’t), that a failure to negotiate a loan modification in good faith, which is required under NY foreclosure law, does not support the unilateral … Continue reading
May 31, 2013 in Downstream litigation by date | Permalink | No Comments
May 23, 2013
Wyoming Supreme Court Upholds Assignment to MERS in Bankruptcy
Professor Wilson Freyermuth posted this summary of the Wyoming Supreme Court’s opinion In re Gifford, 2013 WY 54 (Wyo. Sup. Ct. May 8, 2013) to the DIRT listserv and has given us permission to cross-post it here: Synopsis: Wyoming Supreme … Continue reading
May 23, 2013 in Downstream litigation by date | Permalink | No Comments
May 15, 2013
Lender Agrees to Permanent Injunction of Non-Judicial Foreclosure in Colorado
A pro se plaintiff has won at least a procedural victory against her lender in Brumfiel v. U.S. Bank et al. (May 14, 2013) (12-cv-02716-WJM-MEH). US Bank filed a Notice of Withdrawal of the foreclosure action and then a Motion … Continue reading
May 15, 2013 in Downstream litigation by date | Permalink | No Comments
May 10, 2013
Bankruptcy Court for the District of Massachusetts Finds Bank had Failed to Prove it was Present Title Holder of the Mortgage, Denies Relief from Automatic Stay
In In re Moreno, 08-17715-FJB, 2010 WL 2106208 (Bankr. D. Mass. May 24, 2010), the Bankruptcy Court for the District of Massachusetts found that creditor/Property Asset Management, Inc. (“PAM”) had failed to prove its burden that it had standing to … Continue reading
May 10, 2013 in Downstream litigation by date | Permalink | No Comments
Michigan Federal District Court Finds that Holder of Unsigned Note Can Enforce
The District Court for the Eastern District of Michigan affirmed the Bankruptcy Court in Mentag v. GMAC Mortgage LLC, No. 12-13350 (Feb. 8, 2013), finding that the holder of the note was entitled to enforce it and has standing to … Continue reading
May 10, 2013 in Downstream litigation by date | Permalink | No Comments
May 3, 2013
Noncompliance with PSA Voids Assignment of Note and Mortgage
Wells Fargo Bank, N.A. v Erobobo, 2013 NY Slip Op 50675(U) (Sup. Ct. Kings, Apr. 29, 2013) reaches a pretty extraordinary result: noncompliance with the assignment provisions of a Pooling and Servicing Agreement voids the assignment of a note and … Continue reading
May 3, 2013 in Downstream litigation by date | Permalink | 1 Comment
April 24, 2013
No Scarlet Letter for Robo-Signing
An “admitted robo-signer” and her bank were let off the hook in Grullon v. Bank of America et al. (Mar. 28, 2013, No. 10-5427 (KSH) (PS)) (D.N.J.). (19) Grullon, a homeowner, alleged that he, and others similarly situated, was entitled … Continue reading
April 24, 2013 in Downstream litigation by date | Permalink | No Comments
