REFinBlog

January 27, 2014

Maine Superior Court Denies Foreclosure Action Because Bank Failed to Strictly Follow Statutory Notice Requirement

In Bank of N.Y. Mellon v. McKenna, the Superior Court of Maine precluded a foreclosure action on a finding that the plaintiff bank failed to strictly follow the relevant statutory notice requirements. In 2007, defendant Robert McKenna (“McKenna”) bought a … Continue reading →

Federal Court of Appeals for the Fifth Circuit Holds that Successor Note Holder had Proper Authority to Initiate Foreclosure Under Texas State Law

Federal Court of Appeals for the Fifth Circuit Holds that Successor Note Holder had Proper Authority to Initiate Foreclosure Under Texas State Law In Hall v. BAC Home Loans Servicing, L.P., the United States Court of Appeals for the Fifth … Continue reading →

January 21, 2014

Ohio Court of Appeals Holds that Countrywide Home Loans has Standing to Bring a Foreclosure Action

On October 25, 2013, the Ohio Court of Appeals in Countrywide Home Loans v. Montgomery held that the Plaintiff had standing to initiate a foreclosure action since it was the party in interest at the time the suit was commenced. … Continue reading →

Florida Appeals Court Holds that Service Agent of Bank has Standing to Initiate Foreclosure Action

On October 13, 2013, the Florida District Court of Appeals in American Home Mortgage Servicing, Inc. v. Bednarek held that a servicing agent of a larger bank had standing to file a foreclosure action against a homeowner because it properly … Continue reading →

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 →

Wisconsin Court Grants Summary Judgment in Favor of GMAC

The court in deciding GMAC Mortg., LLC v. Poley, 2013 Wisc. App. LEXIS 872 (Wis. Ct. App. 2013) affirmed the lower court’s decision in granting summary judgment in favor of GMAC. In this foreclosure action, the circuit court granted summary … Continue reading →

Michigan Court Grants Summary Judgement in Favor of Bank

The court in deciding Wargelin v. Bank of Am., 2013 U.S. Dist. LEXIS 146326 ( E.D. Mich. 2013) ultimately granted defendants’ motion for summary judgment. Plaintiff brought an action arising out of a foreclosure and subsequent sheriff’s sale of his … Continue reading →