March 6, 2014
California Court Denies Dismissal of Wrongful Foreclosure Claim
The California court in Engler v. ReconTrust Co., 2013 U.S. Dist. 179950 (C.D. Cal. 2013) dismissed all but one of the plaintiff’s complaint. Plaintiff originally filed suit against defendants BAC and MERS on June 6, 2012. On March 1, 2013, … Continue reading
March 6, 2014 in California | Permalink | No Comments
February 7, 2014
California Court Upholds Summary Judgment Against Plaintiff, Dismissing California Uniform Commercial Code section 9313 Violations
The court in deciding Wolford v. Am. Home Mortg. Servicing, 2013 Cal. App. Unpub. LEXIS 7307 (Cal. App. 2d Dist. 2013) ultimately granted summary judgment in favor of defendants. AHMSI and Wells Fargo met their threshold burden to show they … Continue reading
February 7, 2014 in California | Permalink | No Comments
January 31, 2014
California Court Dismisses Action Brought Against MERS and Aurora Loan Services for Wrongfully Initiated Foreclosure Proceedings
The court in Morgan v. Aurora Loan Servs., LLC, 2013 U.S. Dist. LEXIS 145623 (C.D. Cal. 2013) granted defendants’ motion to dismiss plaintiff’s claims. The court concluded that the “allegation of other facts consistent with the challenged pleading could not … Continue reading
January 31, 2014 in California | Permalink | No Comments
January 19, 2014
California Court Dismisses All Seven Causes of Action Arising Out of the Alleged Wrongful Foreclosure of Plaintiff’s Home
The court in deciding Dorn v. Countrywide Home Loans, 2013 Cal. App. Unpub. LEXIS 7356 (Cal. App. 2d Dist. 2013) concluded that the trial court did not abuse its discretion in dismissing the action; the court thus affirmed the lower … Continue reading
January 19, 2014 in California | Permalink | No Comments
January 18, 2014
California Court Finds Plaintiff Lacked Standing to Bring Action
The court in deciding Mottale v. Kimball Tirey & St. John, LLP, 2013 U.S. Dist. 146293 (S.D. Cal. Oct. 9, 2013) ultimately granted the defendants’ motion to dismiss. Plaintiff alleged unnamed investors brought an unlawful detainer action in state court … Continue reading
January 18, 2014 in California | Permalink | No Comments
January 9, 2014
California Appeals Court Affirms Lower Court’s Decision to Sustain Defendant’s Demurrer
The court in deciding Nehme v. Bac Home Loans Servicing, 2013 Cal. App. Unpub. LEXIS 7366 (Cal. App. 2d Dist. Oct. 15, 2013) affirmed the lower court decision. Plaintiff (William Nehme) brought this action for fraud, rescission, and other claims … Continue reading
January 9, 2014 in California | Permalink | No Comments
January 7, 2014
California Court Dismisses Claim Due to lack of Standing and Failure to State a Claim
The court in deciding Britto v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 146978 (N.D. Cal. 2013) granted defendant’s motion to dismiss. In this foreclosure action, defendants moved to dismiss the complaint for lack of standing and failure to … Continue reading
January 7, 2014 in California | Permalink | No Comments
