May 24, 2014
California Court Holds that the Securitization of Mortgage Loan did not Nullify Rights Granted Under Deed, Including the Right to Foreclose
The court in deciding Rivac v. Ndex West LLC, 2013 U.S. Dist. (N.D. Cal. Dec. 17, 2013) granted the motion to dismiss tendered by the defendant. Plaintiffs filed a complaint that alleged eight causes of action including; (1) breach of … Continue reading
May 24, 2014 in Downstream litigation by state | Permalink | No Comments
May 23, 2014
Texas Court Dismisses Claims of Texas Debt Collection Act and Texas Property Code Violations
The court in deciding Katz v. JP Morgan Chase Bank N.A., 2013 U.S. Dist., (S.D. Tex. Dec. 18, 2013) granted the motion to dismiss put forth by the defendant. Plaintiff Katz alleged that defendant JP Morgan: (1) violated the Texas … Continue reading
May 23, 2014 in Downstream litigation by state | Permalink | No Comments
Supreme Court of New York (Kings County) Denies Summary Judgment Motion on Plaintiff’s Standing To Foreclose
The court in deciding U.S. Bank Natl. Assn. v Steinberg, 42 Misc. 3d 1201(A) (N.Y. Sup. Ct. 2013) denied the plaintiff’s motion for summary judgment in its entirety. The Morgan Stanley Mortgage Trust commenced this foreclosure action against the Steinbergs. … Continue reading
May 23, 2014 in Downstream litigation by state | Permalink | No Comments
Illinois Court Rejects “Show Me the Note” Argument
The court in Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 1st Dist. 2013) rejected show-me-the-note argument proffered by the defendant. Defendants claimed that Parkway did not demonstrate proper standing to foreclose because … Continue reading
May 23, 2014 in Downstream litigation by state | Permalink | No Comments
May 20, 2014
Connecticut Court Denies Claim Alleging Lack of Standing
The court in deciding Deutsche Bank Nat’l Trust Co. v. Speer, 2013 Conn. Super. 2682 (Conn. Super. Ct., 2013) found that the defendant misstated the law in arguing that the plaintiff must hold the assignment of the mortgage before commencing … Continue reading
May 20, 2014 in Downstream litigation by state | Permalink | No Comments
S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)
The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading
May 20, 2014 in Downstream litigation by state | Permalink | No Comments
May 9, 2014
Settling NY Foreclosures
Three legal services providers issued Stalled Settlement Conferences: A Report on Residential Foreclosure Settlement Conferences in New York City. The report opens, New York has coped with the foreclosure crisis by implementing a pioneering settlement conference process administered by the … Continue reading
May 9, 2014 in Downstream litigation by state | Permalink | No Comments
