April 1, 2014
Appellate Court of Illinois Denies Defendants’ Motion for Presentment and Cause to Vacate Judgment was Misplaced and Had no Legal Significance
The Appellate Court of Illinois in deciding Deutsche Bank Nat’l Trust Co. v. Cole, 2013 IL App (2d) 130450-U (Ill. App. Ct. 2d Dist. 2013) held that the trial court properly confirmed a judicial sale, as the plaintiff had no … Continue reading
April 1, 2014 in Downstream litigation commentary | Permalink | No Comments
Hawaiian Court Finds That Foreclosure was Permissible on 1250 Oceanside
The court in deciding In re 1250 Oceanside Partners, (Bankr. D. Haw., 2013) ultimately came to the conclusion that Oceanside was entitled to foreclose. The debtor in possession, 1250 Oceanside (Oceanside), sought to enforce a promissory note and foreclose a … Continue reading
April 1, 2014 in Downstream litigation commentary | Permalink | No Comments
March 28, 2014
Ohio Court Reverses Summary Judgment in Favor of HSBC Bank
The court in deciding HSBC Bank USA v. Teagarden, 2013-Ohio-5816 (Ohio Ct. App., Trumbull County, 2013) reversed the ruling for summary judgment in favor of HSBC Bank. Defendants-appellants, [Teagardens], appealed two judgment entries from the lower court, dismissing the Teagardens’ … Continue reading
March 28, 2014 in Downstream litigation commentary | Permalink | No Comments
March 26, 2014
Ohio Court Decided There Was no Basis to Challenge Standing Through a Civ.R. 60(B) Motion
The court in deciding Deutsche Bank Nat’l Trust Co. v. Santisi, 2013-Ohio-5848 (Ohio Ct. App., Trumbull County, 2013) ultimately denied the motion to vacate and affirmed the lower court’s decision. Santisi appealed the lower court’s decision and raised the following … Continue reading
March 26, 2014 in Downstream litigation commentary | Permalink | No Comments
March 6, 2014
California Court Denies Dismissal of Wrongful Foreclosure Claim
The California court in Engler v. ReconTrust Co., 2013 U.S. Dist. 179950 (C.D. Cal. 2013) dismissed all but one of the plaintiff’s complaint. Plaintiff originally filed suit against defendants BAC and MERS on June 6, 2012. On March 1, 2013, … Continue reading
March 6, 2014 in Downstream litigation commentary | Permalink | No Comments
Washington Court Upholds Dismissal of RESPA Claims
The court in deciding Bhatti v. Guild Mortg. Co., 2013 U.S. App. 25659 (9th Cir. Wash. 2013) ultimately upheld the lower court’s decision by dismissing the plaintiff’s RESPA claims. Plaintiffs Nusrat Bhatti and Erfan Semuel filed a complaint in Washington … Continue reading
March 6, 2014 in Downstream litigation commentary | Permalink | No Comments
February 20, 2014
Michigan Appeals Court Upholds Summary Judgment and Finds that Bank’s Purchase did not Violate MCL 600.3228
The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. 2170 (Mich. Ct. App. 2013) upheld the lower court’s grant of summary judgment. In this action for possession of a foreclosed property, defendants … Continue reading
February 20, 2014 in Downstream litigation commentary | Permalink | No Comments