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April 16, 2013

Georgia District Court Allows Homeowner Plaintiff to Amend Fraud Claim but Dismisses Wrongful Disclosure Claim

In LaCosta v. McCalla Raymer, Civil Action No. 1:10-CV-1171-RWS, 2011 WL 166902, Civil Action (N.D. Ga. January 18, 2011), the Court ruled that Homeowner Plaintiff could amend her fraud claim, but dismissed Plaintiff’s other claims stemming from an alleged modification … Continue reading →

Eleventh Circuit Court of Appeals Affirms Dismissal because Mortgagor Plaintiff Failed to State a Claim

In Milani v. One West Bank FSB, 491 Fed. App’x. 977 (11th Circ. 2012), the Court of Appeals affirmed the District Court’s decision to dismiss Mortgagor Plaintiff’s claims for (1) wrongful foreclosure, (2) to quiet title, and (3) for fraud. … Continue reading →

April 15, 2013

6th Circuit Upholds Foreclosure by Lender Under Michigan Law

The 6th Circuit upheld a foreclosure under Michigan law in Conlin v. MERS et al., (Case No. 12-2021, April 10, 2013).  Plaintiff Conlin sought to have the foreclosure sale of his property “set aside based on alleged defects in the … Continue reading →

April 12, 2013

Massachusetts Bankruptcy Court Denies Motion for Relief from Stay

In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading →

United States District of Georgia Rejects Wrongful Foreclosure Claim

In Nicholson v. OneWest Bank,1:10-CV-0795-JEC/AJB, 2010 WL 2732325 (N.D. Ga. Apr. 20, 2010) , the court rejected homeowner’s wrongful foreclosure claim. Homeowners  argued that OneWest Bank was not entitled to foreclose on property because there had been no assignment of the original … Continue reading →

United States District Court of California Rejects Wrongful Foreclosure Claim

In Saldate v. Wilshire Credit Corp. 711 F.Supp.2d 1126 (CA E.D. 2010), the court granted motion to dismiss and held that non-judicial foreclosure was not “debt collection” subject to California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA); loan servicer did … Continue reading →

United States Western District Court Rejected Claim that MERS is not a Beneficiary

In Cebrun v. HSBC Bank USA, N.A., No. C10-5742-BHS, 2011 WL 321992 (W.D. Wash. Feb. 2, 2011), the court rejected homeowner’s claims “regarding MERS not being a beneficiary under the security instrument.” The Court considered that plaintiffs had signed a … Continue reading →