May 27, 2014
Georgia Court Dismisses Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq Claim
The court in deciding Morrison v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga. Dec. 16, 2013) eventually granted Bank of America, N.A.’s motion to dismiss. Plaintiff defaulted on her loan obligations after taking a loan from bank of … Continue reading
May 27, 2014 in Georgia | Permalink | No Comments
March 17, 2014
Georgia Court Denies Plaintiffs’ Motion for Reconsideration
The court in deciding White v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately denied the plaintiff’s motion for reconsideration, therein upholding the decision of the lower court. Plaintiffs alleged that because BANA did not hold the … Continue reading
March 17, 2014 in Georgia | Permalink | No Comments
January 29, 2014
Georgia Court Finds Chase Had Authority to Foreclose
The court in deciding Ball v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 146503 (M.D. Ga. 2013) granted the defendants’ motion for judgment on the pleadings. Plaintiffs Johnny Frank Ball Jr. and Tempie Ball filed a suit in … Continue reading
January 29, 2014 in Georgia | Permalink | No Comments
December 23, 2013
Georgia Court Dismisses Wrongful Foreclosure Claim
The court in deciding Bowman v. U.S. Bank Nat’l Ass’n, 2013 U.S. Dist. LEXIS 149660 (N.D. Ga. 2013) eventually granted the defendant’s motion to dismiss. Plaintiff’s complaint was wide-ranging and repetitive, the gravamen of the complaint was a wrongful foreclosure … Continue reading
December 23, 2013 in Georgia | Permalink | No Comments
November 16, 2013
Georgia Court Affirms That The Holder of a Deed to Secure Debt is Authorized to Exercise the Power of Sale in Accordance With the Terms of the Deed
The court in deciding Sanford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156084, 2013 WL 5899238 (N.D. Ga. Oct. 31, 2013), found that each of the plaintiff’s arguments lacked merit and subsequently granted defendant’s motion to dismiss. Plaintiff’s … Continue reading
November 16, 2013 in Georgia | Permalink | No Comments
October 15, 2013
Georgia District Court Holds Foreclosure May Be Wrongful Where Security Deed and Note Are “Split”
In Morgan v. Ocwen Loan Servicing, LLC, No. 1:10-cv-3555-AT (N.D.Ga. July 7, 2011), homeowner obtained a residential mortgage loan memorialized by two documents: a promissory note and a security deed. The original grantee of the promissory note was Guaranteed Rate. The original grantee … Continue reading
October 15, 2013 in Georgia | Permalink | No Comments
August 25, 2013
Georgia Court Authoritatively Recognizes MERS’ Right to Foreclose
The court in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005) authoritatively recognized the right of MERS to foreclose. This case involved an action to … Continue reading
August 25, 2013 in Georgia | Permalink | No Comments
