REFinBlog

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 2, 2014

Court Rejects Arguments that Mortgage Electronic Registration Systems, Inc. Lacked the Authority to Assign Mortgage

The court in deciding Jones v. Nationstar Mortg. LLC, 2013 U.S. Dist. (W.D. Mich., 2013) granted defendant Nationstar’s motion for summary judgment. Plaintiff alleged that the foreclosure of his property was unlawful for the following reasons: (1) Nationstar refused to … Continue reading →

April 18, 2014

Since Bank was the Note-Holder it was a Person Entitled to Enforce the Note Pursuant to R.C. 1303.31(A)(1)

The court in deciding Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795 (Ohio Ct. App., Franklin County, 2013) affirmed the decision of the lower court. The court found that the promissory note was a negotiable instrument subject to relevant provisions of … Continue reading →

April 16, 2014

North Carolina Court Dismisses FDCPA and RESPA Claims

The court in deciding Champion v. Bank of Am., N.A., 2014 U.S. Dist. 78 (E.D.N.C., 2014) dismissed the plaintiff’s FDCPA and RESPA claims. Plaintiff initiated this action asserting claims for violations of the Fair Debt Collection Practices Act (“FDCPA”), the … Continue reading →

Maryland Court Denies Claim Alleging Violations of Federal and State Consumer Laws

The court in deciding Bolden v. McCabe, Weisberg & Conway, LLC, 2013 U.S. Dist., 182057 (D. Md. 2013) granted defendant’s motion to dismiss and denied plaintiff’s motion for summary judgment. Plaintiff in bringing this action alleged violations of the Fair … Continue reading →

April 4, 2014

Washington Court Dismisses Fair Debt Collection Practices Act and Washington Deed of Trust Act Violation Claims

The court in deciding Dietz v. Quality Loan Serv. Corp., 2014 U.S. Dist. (W.D. Wash. Jan. 3, 2014) granted Wells Fargo and MERS’ motion to dismiss. This action involved is a post-sale wrongful foreclosure case. Plaintiff Timothy Dietz alleged causes … Continue reading →

April 2, 2014

Appellate Court of Illinois Awarded Summary Judgment to Plaintiff Where Defendant Failed to Show That Plaintiff was an Unlicensed Debt Collector Under the Collection Agency Act

The Illinois court in deciding Kondaur Capital Corp. v. Sreenan, 2013 Ill. App. (Ill. App. Ct. 1st Dist. 2013) affirmed the judgment of the circuit court granting summary judgment for the plaintiff. In the summary judgment motion, the plaintiff asserted … Continue reading →