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 Downstream litigation by state | Permalink | No Comments
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 17, 2014 in Downstream litigation by state | Permalink | No Comments
United States District Court Dismisses RICO and FDCPA Claims
The court in deciding Koenig v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Cal., 2013) ultimately granted the defendant’s motion to dismiss. Plaintiff Philip A. Koenig commenced this action against defendant Bank of America. Plaintiff alleged causes of action … Continue reading
March 17, 2014 in Downstream litigation by state | Permalink | No Comments
March 11, 2014
This Note and Mortgage Are Unenforceable
The Bankruptcy Appellate Panel of the Sixth Circuit issued a thoughtful opinion in In re: Dorsey, File No. 14b0002n.06 (March 7, 2014) but it leaves me dissatisfied. As Elizabeth Renuart and Dale Whitman have each demonstrated, courts have had a … Continue reading
March 11, 2014 in Downstream litigation by state | Permalink | No Comments
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
March 9, 2014 in Downstream litigation by state | Permalink | No Comments
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
March 9, 2014 in Downstream litigation by state | Permalink | No Comments
March 7, 2014
Whitman on Servicer Lies
Professor Dale Whitman posted a commentary on Quintana v. Bank of America, No. CV 11–2301–PHX, 2014 WL 690906 (D.Ariz. Feb. 24, 2014) (not reported in F.Supp.2d) on the Dirt listserv: Synopsis: A borrowers who is “jerked around” by a mortgage … Continue reading
March 7, 2014 in Downstream litigation by state | Permalink | No Comments
