June 27, 2014
Court Decides that Lower Court Was Correct in Granting Summary Judgment in Favor of Bank of America and ReconTrust on FDCPA Claims
The court in deciding Brown v. Bank of Am., N.A. (In re Brown), 2013 Bankr. (B.A.P. 9th Cir., 2013) affirmed the lower court’s holding. The plaintiff in this case alleged alleged that BAC and ReconTrust violated the CPA by promulgating, … Continue reading
June 27, 2014 in Downstream litigation by date | Permalink | No Comments
Texas Court Rejects Claims Brought on the Grounds of “Show-me-the-Note” and “Split-the-Note” Theories
The court in deciding Hunt v. Worldwide Mortg. Co., 2013 U.S. Dist. (N.D. Tex., 2013) dismissed the plaintiff’s action in its entirety and specifically granted the defendant’s motion to dismiss. Plaintiffs asserted claims for fraud (only against MidFirst and its … Continue reading
June 27, 2014 in Downstream litigation by date | Permalink | No Comments
June 26, 2014
Alabama Court Rejects “Split-the-Note” Theory
The court in deciding Gray v. MERSCORP, Inc., 2013 U.S. Dist. (N.D. Ala., 2013) rejected the split the note theory put forward by Gray. This matter arose out of a note and mortgage executed in March 2007 by plaintiffs Clayburn … Continue reading
June 26, 2014 in Downstream litigation by date | Permalink | No Comments
Alabama Court Reverses Lower Court’s Decision Granting Summary Judgment to Foreclosing Entity
The court in deciding Sturdivant v. BAC Home Loan Servicing, LP, 2013 Ala. Civ. App. (Ala. Civ. App., 2013) reversed the lower court’s ruling that granted summary judgment to a foreclosing entity with respect to its complaint in ejectment against … Continue reading
June 26, 2014 in Downstream litigation by date | Permalink | No Comments
June 25, 2014
California Court Denies Claims that Deficiencies Rendered any Security Interest in the Deed of Trust Invalid
The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist. (S.D. Cal., 2013) ultimately found that the plaintiffs’ claims premised upon the securitization of the loan and violations of the PSA were to be dismissed. The … Continue reading
June 25, 2014 in Downstream litigation by date | Permalink | No Comments
Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment
The court in deciding Morton v. Bank of Am., N.A., 2013 U.S. Dist. (W.D. Mich., 2013) ultimately concluded that the moving defendants are entitled to judgment on all plaintiff’s claims as a matter of law. Plaintiff asserted that none of … Continue reading
June 25, 2014 in Downstream litigation by date | Permalink | No Comments
June 24, 2014
Borrowers Have “Been Through Hell”
The Maine Supreme Judicial Court issued an opinion, U.S. Bank, N.A. v. David Sawyer et al., 2014 ME 81 (June 24, 2014), that makes you question the sanity of the servicing industry and the efficacy of the rule of law. … Continue reading
June 24, 2014 in Downstream litigation by date | Permalink | No Comments