REFinBlog

December 4, 2013

Washington Court Denied the Plaintiff’s Motion for Preliminary Injunction

The court in deciding Cameron v. Acceptance Capital Mortg. Corp., 2013 U.S. Dist. LEXIS 151134 (W.D. Wash. 2013) denied the plaintiff’s motion for preliminary injunction. Nearly all of plaintiffs’ claims turn on a single question: whether, under Washington law, Flagstar … Continue reading →

California Court Dismisses Plaintiff’s Action Alleging Violations of RESPA, HOEPA, UCL & Negligent Misrepresentation

The court in deciding Monreal v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 151731 (S.D. Cal. Oct. 22, 2013) granted the defendants’ motion to dismiss plaintiff’s claims arising under federal law with prejudice, and declined to exercise supplemental … Continue reading →

December 3, 2013

Washington District Court Dismisses Consumer Protection Case Against MERS and Bank of America as Plaintiff-Homeowners Failed to Allege Enough Facts to Support their Claims

The federal district court of Washington in Montgomery v. Soma Fin. Corp., 2013 WL 5775637 (W.D.Wash. 2013) dismissed several consumer protection claims against MERS and Bank of America because the Plaintiffs-homeowners failed to allege sufficient facts to support their claims. On … Continue reading →

December 1, 2013

Texas Court Finds Plaintiff’s “Split-the-Note” Theory Without Merit

The court in deciding Morlock, L.L.C. v. JPMorgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 153386 (S.D. Tex. Oct. 25, 2013) ultimately dismissed plaintiff’s bifurcation theory based complaint. Plaintiff alleged that the deed of trust had been “executed and delivered . … Continue reading →

California Court Denies Petition for Preliminary Injunction on Foreclosure Proceeding

The court in deciding Vazquez v. Select Portfolio Servicing, 2013 U.S. Dist. LEXIS 152454 (N.D. Cal. Oct. 23, 2013) denied the plaintiff’s petition for a preliminary injunction prohibiting defendants from proceeding with the foreclosure sale of his home. Plaintiff alleged … Continue reading →

November 30, 2013

California Court Dismisses Plaintiff’s Claims of Federal and State Law Violation

The court in deciding Brashears v. Bank of Am. Home Loans, 2013 U.S. Dist. LEXIS 152478 (C.D. Cal. Oct. 22, 2013) dismissed the plaintiff’s complaint, which alleged violations of federal and state law in connection with the issuance of a … Continue reading →

November 27, 2013

Court Decides That Alleged Defects in Assignments Did not Give Rise to Claims Under the Washington Consumer Protection Act

The court in deciding Babrauskas v. Paramount Equity Mortg., 2013 U.S. Dist. LEXIS 152561 (W.D. Wash. Oct. 23, 2013) dismissed the plaintiff’s complaint. Plaintiff alleged that Paramount’s loan origination practices, MERS’ involvement in the original deed of trust, and the … Continue reading →