REFinBlog

July 11, 2013

First Circuit Grants Wells Fargo’s Motion to Dismiss Plaintiff-Homeowner’s Suit to Preclude Foreclosure Sale

The court in McKenna v Wells Fargo Bank, N.A. Case No. 11-1650 (C.A. 1, Aug. 16, 2012) was faced with questions relating to the district court’s subject matter jurisdiction. Here, Wells Fargo’s primary assertion in its removal papers – “that … Continue reading →

July 10, 2013

Minnesota U.S. District Court Finds Homeowners’ Complaint Fails Procedurally and Sanctions Counsel for Frivolous Claims

In Blaylock v. Wells Fargo Bank No. 12-693, 2012 WL 2529197, (D. Minn 2012) the court found six individual property mortgage assignments and foreclosures proper, dismissing the quiet title actions on both procedural and substantive grounds.   The court also sanctioned … Continue reading →

District of Minnesota Rules in Favor of CitiMortgage, Finding Foreclosure and Assignment of Mortgage Proper Despite Alleged Oral Modification of the Mortgage Prior to Assignment

In LaBrant v. MERS 870 F. Supp. 2d 671 (D. Minn. 2012) 0:11-cv-03029-JRT-LIB the court granted CitiMortgage’s motion to dismiss LaBrant’s claim.  LaBrant brought action against CitiMortgage to enforce an oral loan modification as a binding agreement and also sought … Continue reading →

Rhode Island Superior Court Upholds MERS Assignment and Subsequent Foreclosure by Bank

In Cuevas v. The Bank of New York Mellon PC 2010-0553 (R.I. Sup. April 18, 2012), the court found in favor of Bank of New York Mellon in Cuevas’s action to quiet title and for lack of jurisdiction dismissed an … Continue reading →

July 9, 2013

Washington District Court Denies Plaintiff Mortgagors’ Motion for Injunctive Relief Against Foreclosure Sale

In Erickson v. IndyMac Bank, No. C11-598RAJ (W.D. Wash. July 14, 2011), plaintiff mortgagors Gregory Erickson and Aleksandra Makarova filed this action in the United States District Court for the Western District of Washington against defendant mortgagee Indymac Bank for … Continue reading →

Ohio Court Grants in Part Securitization Sponsors’ Motions to Dismiss

In Western & Southern Life Ins. Co. v. Residential Funding Co., No. A1105042, slip op. at 15 (Ohio Ct. Common Pleas June 6, 2012), an Ohio state trial court granted in part and denied in part motions to dismiss brought … Continue reading →

July 8, 2013

Massachusetts District Court Dismisses Homeowner-Plaintiff’s Claim of Alleged Inadequacies in Foreclosure and Assignment of His Mortgage

In Butler v. Deutsche Bank Trust Co. Americas, 2012 WL 3518560 (D Mass 2012), the court dealt with alleged inadequacies in the assignment and foreclosure of a mortgage. The plaintiff and mortgagor, Frank Butler, claimed that the defendant [Deutsche Bank] … Continue reading →