REFinBlog

February 18, 2014

United States District Court for the District of Columbia Dismisses Case Due to Lack of Jurisdiction

The court in deciding Glaviano v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. 180582 (D.D.C. Dec. 27, 2013) dismissed the plaintiff’s claim due to lack of jurisdiction. Plaintiffs alleged that the defendants did not have “possession of the note” … Continue reading →

Kansas Court of Appeals Finds Note Splitting Argument Lacked Merit

The court in deciding Wells Fargo Bank, N.A. v. Richards, 2013 Kan. App. 1160 (Kan. Ct. App. 2013) ultimately upheld the lower court’s decision. The plaintiff [Chester E. Richards, Jr.], appealed the lower court’s decision which granted summary judgment to … Continue reading →

February 9, 2014

Alabama Court of Civil Appeals Dismisses Homeowner Appeal for Filing Appeal Too Late

In Wolfe v. JPMorgan Chase Bank, N.A., the Alabama Court of Civil Appeals dismissed the appeal of joint homeowners Evan and Kelly Wolfe (“Plaintiffs”) in a foreclosure and attorney fee lawsuit for failing to file the appeal within the statutory … Continue reading →

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 →

Missouri Court Dismisses Real Estate Settlement Procedures Act and Home Ownership Equity Protection Act Violation Claims Brought Against Nationstar Mortgage, LLC and MERS

The court in deciding White v. CTX Mortg., LLC, 2013 U.S. Dist. LEXIS 146589 (W.D. Mo. 2013) ultimately granted the defendant’s motion to dismiss. The plaintiff’s complaint asserted that the chain of title had been broken. Consequently, “title was not … Continue reading →

Nevada Court Dismisses TILA and Fraud Claims Brought Against Chase and MERS

The court in deciding Leong v. JPMorgan Chase, 2013 U.S. Dist. LEXIS 144678 (D. Nev. 2013) ultimately granted the defendant’s motion to dismiss. This action arose out of the foreclosure proceedings initiated against the property of the plaintiff Teresa Leong. … Continue reading →

February 5, 2014

Arizona’s “Unholy” Foreclosure Mess

Professor Dale Whitman posted a commentary about Steinberger v. McVey ex rel. County of Maricopa, 2014 WL 333575 (Ariz. Court of Appeals, Jan. 30, 2014) on the Dirt listserv: A defaulting borrower may defend against foreclosure on ground that the chain of … Continue reading →