June 27, 2014
Tennessee Court Dismisses Plaintiff’s TCPA Claim
The court in deciding Amour v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Tenn., 2013) granted in part and denied in part the defendant’s motion to dismiss The plaintiffs brought three separate causes of action each of which the … Continue reading
June 27, 2014 in Tennessee | Permalink | No Comments
April 16, 2014
Tennessee Court Rejected MERS’ Argument that Sale of Property Should be Invalidated
The court in deciding Mortgage Elec. Registration Sys. v. Ditto, 2014 Tenn. App. (Tenn. Ct. App., 2014) affirmed the judgment of the lower court. This appeal involved the purchase of property at a tax sale. MERS filed suit against purchaser … Continue reading
April 16, 2014 in Tennessee | Permalink | No Comments
April 1, 2014
Tennessee Court Dismisses TILA, RICO, and RESPA Claims
The Tennessee court in deciding Mhoon v. United States Bank Home Mortg., 2013 U.S. Dist. (W.D. Tenn., 2013) dismissed the complaint of the plaintiff pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff [Mhoon] filed a complaint against defendant U.S. Bank. This … Continue reading
April 1, 2014 in Tennessee | Permalink | No Comments
January 31, 2014
Tennessee Court Finds Allegation of Fraud Was Pled With Sufficient Particularity Pursuant to Tenn. R. Civ. P. 12.03
The court in deciding Zhong v. Quality Loan Serv. Corp., 2013 U.S. Dist. LEXIS 145916 (W.D. Wash. 2013) reversed the lower court’s ruling dismissing the mortgagor’s intentional misrepresentation claim on the pleadings pursuant to Tenn. R. Civ. P. 12.03. Plaintiff … Continue reading
January 31, 2014 in Tennessee | Permalink | No Comments
December 4, 2013
Tennessee Court Grants Defendant’s Motion for Summary Judgment as Wells Fargo Had Ownership Interest in the Note & Deed
The court in deciding McKee v. Am. Brokers Conduit, 2013 U.S. Dist. LEXIS 152657 (W.D. Tenn. 2013) granted Wells Fargo’s motion for summary judgment. Plaintiffs claimed that (1) Wells Fargo didn’t have lawful ownership or a security interest in the … Continue reading
December 4, 2013 in Tennessee | Permalink | No Comments
March 28, 2013
Tennessee Court of Appeals Dismisses Homeowner Complaint as Unripe
In Mills v. First Horizon Home Loan Corp., No. W-2010-00310-COA-R3-CV, 2010 WL 4629610 (Tenn. Ct. App. Nov. 16, 2010), the court dismissed the homeowners complaint as unripe for declaratory judgment. It did not find that the mortgage would be unenforceable … Continue reading
March 28, 2013 in Tennessee | Permalink | No Comments
