REFinBlog

January 9, 2014

Texas Court Dismisses Action Claiming Fraud in Concealment, Fraud in Inducement, Quiet Title, & Rescission

The court in deciding Diaz-Angarita v. Countrywide Home Loans, Inc., 2013 U.S. Dist. LEXIS 147091 (S.D. Tex. 2013) eventually dismissed the plaintiff’s claims. Plaintiff asserted causes of action for “fraud in the concealment,” fraud in the inducement, to quiet title, … Continue reading →

January 7, 2014

California Court Dismisses All 12 Claims

The court in deciding Scott v. Saxon Mortg. Servs., 2013 U.S. Dist. LEXIS 146988 (N.D. Cal. Oct. 10, 2013) granted defendant’s motion to dismiss with leave to amend in part. Plaintiff’s brought 12 claims against defendants. Plaintiff’s first claim for … Continue reading →

December 24, 2013

Michigan Court Dismisses MCPA & HOEPA Claims

The court in deciding Huff v. Fannie Mae, 2013 U.S. Dist. LEXIS 148053 (E.D. Mich. Oct. 2013) granted Bank of America’s motion to dismiss. Plaintiff advanced a claim against defendants for quiet title (Count I) and alleged that defendants violated … Continue reading →

December 23, 2013

Supreme Court of Vermont Denied a Motion Requesting a Declaration That U.S. Bank Had Violated Vermont’s Consumer Fraud Act (CFA)

The court in deciding Dernier v. Mortgage Network, Inc., 2013 VT 96 (Vt. 2013) reversed the trial court’s dismissal of the counts that alleged irregularities in the transfer of the note and mortgage unconnected to the PSA. The court also … Continue reading →

Georgia Court Dismisses Wrongful Foreclosure Claim

The court in deciding Bowman v. U.S. Bank Nat’l Ass’n, 2013 U.S. Dist. LEXIS 149660 (N.D. Ga. 2013) eventually granted the defendant’s motion to dismiss. Plaintiff’s complaint was wide-ranging and repetitive, the gravamen of the complaint was a wrongful foreclosure … Continue reading →

December 10, 2013

Imposing Order on Recording Chaos

Dale Whitman has posted A Proposal for a National Mortgage Registry: MERS Done Right. This is great timing because he will be touching on some of the issues raised in this article in tomorrow’s webinar. His proposal for a national … Continue reading →

December 6, 2013

(Non-)Enforcement of Securitized Mortgage Loans

Professors Neil Cohen and Dale Whitman, two important scholars who know their way around the UCC and mortgage law, will take on a highly contested topic in an upcoming ABA Professors’ Corner webinar: “Ownership, Transfer, and Enforcement of Securitized Mortgage … Continue reading →