REFinBlog

November 24, 2013

Supreme Court of New York Grants Plaintiff’s Motion to Dismiss and Denied Defendant’s Cross-Motion

The court in deciding Bank of N.Y. Mellon v Arthur, 2013 N.Y. Misc. LEXIS 4875, 2013 NY Slip Op 32625(U) (N.Y. Sup. Ct. Oct. 23, 2013) granted the plaintiff’s motion to dismiss and denied the defendant’s [Arthur] cross-motion. The Plaintiff … Continue reading →

November 22, 2013

Indiana Court of Appeals Holds HSBC Assignment Valid Despite Blank and Undated Allonge

In Buchanan v. HSBC Mortg. Servs., 993 N.E.2d 275, 2013 Ind. App. LEXIS 404, 2013 WL 4507932 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that HSBC had the right to foreclose on the homeowners’ mortgage, dismissing homeowners’ … Continue reading →

United States District Court Dismisses Plaintiff’s Intentional Misrepresentation and Negligent Misrepresentation Claims

The court in Hoffman v. Goldman, Sachs & Co., 2013 U.S. Dist. LEXIS 155092, 2013 WL 5797623 (D. Nev. Oct. 28, 2013) dismissed both of the plaintiff’s intentional misrepresentation and negligent misrepresentation claims. Plaintiffs asserted two claims in their complaint: … Continue reading →

United States District Court Grants Defendant’s Motion to Dismiss Plaintiff’s TILA, RESPA, and GLBA Claims

The court in deciding Hopkins v. Green Tree Servicing, LLC, 2013 U.S. Dist. LEXIS 155547, 2013 WL 5888086 (D. Md. Oct. 30, 2013) granted defendant’s motion to dismiss plaintiff’s TILA, RESPA, and GLBA claims. Plaintiff referenced three statutes in their … Continue reading →

November 21, 2013

United States District Court Dismisses Plaintiff’s Wrongful Foreclosure, Wrongful Ejectment, and Quiet Title Claims

The court in deciding Billete v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155544, 2013 WL 5840105 (D. Haw. Oct. 30, 2013) dismissed with prejudice the portions of plaintiff’s actions, including: Count I (wrongful foreclosure, wrongful ejectment, and … Continue reading →

November 19, 2013

California Court Determines Plaintiff’s Claims are Barred by Res Judicata

The court in deciding Maxwell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155930, 2013 WL 5882457 (N.D. Cal. Oct. 30, 2013) concluded that the plaintiff’s claims were barred by res judicata and therefore granted [with prejudice] the … Continue reading →

Northern District of California Court Dismisses Plaintiff’s Claims for Lack of Subject Matter Jurisdiction

The court in deciding Murphy v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 155923, 2013 WL 5883675 (N.D. Cal. Oct. 29, 2013) dismissed the plaintiff’s action without prejudice. The plaintiff in this case brought this action against defendants [Bank … Continue reading →