REFinBlog

May 2, 2014

Court Rejects Arguments that Mortgage Electronic Registration Systems, Inc. Lacked the Authority to Assign Mortgage

The court in deciding Jones v. Nationstar Mortg. LLC, 2013 U.S. Dist. (W.D. Mich., 2013) granted defendant Nationstar’s motion for summary judgment. Plaintiff alleged that the foreclosure of his property was unlawful for the following reasons: (1) Nationstar refused to … Continue reading →

New Jersey Court Finds that Plaintiff had Both Possession of the Original Note and Assignment

The court in deciding Assets Recovery 23, LLC v. Odoemene, 2013 N.J. Super. (App.Div., 2013) this court affirmed the ruling of the lower court that the plaintiff was permitted to foreclose. In this foreclosure matter, defendants Emmanuel C. Odoemene and … Continue reading →

May 1, 2014

Court Dismissed Minn. Stat. § 559.01 Claims

The court in deciding Lubbers v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (D. Minn., 2013) dismissed plaintiff’s claims. Plaintiffs sought to invalidate the foreclosure of the mortgage on their home. Plaintiffs asserted three claims against defendant: (1) quiet-title, … Continue reading →

Court Finds that BAC Home Loans did not Have Standing to File Suit

The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s decision and found that appellee had not established that it was the current holder of the note and … Continue reading →

April 28, 2014

Texas Court Dismisses Claims Centered Around FDCPA and TDCPA Violations

The court in deciding Warren v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Tex., 2013) granted defendant’s motion to dismiss all of the claims brought by the plaintiff. Plaintiff alleged that MERS could not assign the note or deed … Continue reading →

Texas Court Rejects Break-in-the-Chain Claim

The court in deciding Martinez v. Wilmington Trust Co., 2013 U.S. Dist., (W.D. Tex. 2013) found that plaintiffs’ petition failed to state a claim to which relief could be granted and dismissed the action. Plaintiffs argued that the 2005 assignment … Continue reading →

April 18, 2014

Defendants Could Not Show They Were not Debt Collectors as Defined by 15 U.S.C.S. § 1692a(6)(F)

The court in deciding Dias v. Fannie Mae, 2013 U.S. Dist. LEXIS 181584 (D. Haw., 2013) rejected all but one of the plaintiff’s claims. The court found that the plaintiff’s Haw. Rev. Stat. § 667-5 defective assignment claims against defendants … Continue reading →