REFinBlog

September 23, 2014

Is Freddie the “Government” When It’s In Conservatorship?

Professor Dale Whitman posted a commentary on Federal Home Loan Mortgage Corp. v. Kelley, 2014 WL 4232687, Michigan Court of Appeals (No. 315082, rev. op., Aug. 26, 2014)  on the Dirt listserv: This is a residential mortgage foreclosure case. The … Continue reading →

June 25, 2014

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 →

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 →

March 17, 2014

Appeals of Michigan Dismisses Fraud and Improper Assignment Claims

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, … Continue reading →

March 9, 2014

Michigan District Court Dismisses Homeowners’ Claims Against J.P. Morgan Chase Bank and Fannie Mae

In October 2013, the United States District Court for the Western District of Michigan in Nederhoed v. J.P. Morgan Chase Bank, 2013 WL 5533683 (W.D.Mich. 2013) dismissed the Plaintiff homeowner’s claims against Defendants J.P. Morgan Chase Bank and Fannie Mae … Continue reading →

Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender

In October 2013, the United States District Court of Michigan, Eastern District in Davis v. Green Tree Servicing, LLC 2013 WL 5551055 (E.D.Mich 2013) dismissed the Plaintiff homeowner’s claims for fraud and breach of contract against the Defendant mortgage lender. In … Continue reading →

February 20, 2014

Michigan Appeals Court Upholds Summary Judgment and Finds that Bank’s Purchase did not Violate MCL 600.3228

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. 2170 (Mich. Ct. App. 2013) upheld the lower court’s grant of summary judgment. In this action for possession of a foreclosed property, defendants … Continue reading →