June 28, 2013
Massachusetts Trial Court Limits Ibanez Holding by Rejecting Plaintiff’s Proposition That Foreclosing Party Needs to Hold The Mortgage in Order to Bring a Service Member’s Action
This action commenced in this court on August 12, 2009. The plaintiff in Randle v. GMAC, No. 09 MISC 408202 GHP, Allison Randle, sought to prevent a foreclosure sale by defendant GMAC Mortgage, LLC [GMAC], and asked the court for … Continue reading
June 28, 2013 in Downstream litigation commentary | Permalink | No Comments
June 14, 2013
Massachusetts District Court Limits Massachusetts Supreme Court’s Broad Holding From Ibanez By Limiting Challenges to Assignments
In Aliberti v. GMAC Mortgage, LLC, 779 F.Supp.2d 242 (D.Mass.2011), the plaintiff homeowner relied on the seemingly broad-reaching holding handed down by the Massachusetts Supreme Court in U.S. Bank National Ass’n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (2011). … Continue reading
June 14, 2013 in Downstream litigation commentary | Permalink | No Comments
June 11, 2013
Show Me The Note!
KeAupuni Akina, Brad Borden and I have posted Show Me The Note! to SSRN and BePress. The abstract reads News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as “show me the note.” This … Continue reading
June 11, 2013 in Downstream litigation commentary | Permalink | No Comments
June 3, 2013
NY Federal Magistrate Issues Declaratory Ruling That Note Transfer Is Effective
Magistrate Judge Gold issued an opinion in Robinson v. H & R Block Bank, 12-Civ-4196 (EDNY, May 29, 2013). Professor Dale Whitman posted a commentary about it on the Dirt listserv and he has given us permission to cross-post it … Continue reading
June 3, 2013 in Downstream litigation commentary | Permalink | No Comments
May 24, 2013
Reiss on the Ethics of Subprime Lending
Fordham Law School is sponsoring an event on The Mortgage Crisis – Five Years Later on June 3rd. I will be speaking about the ethics of subprime lending on the second panel. The speakers are Panel 1: The Mortgage … Continue reading
May 24, 2013 in Downstream litigation commentary | Permalink | No Comments
May 23, 2013
Wyoming Supreme Court Upholds Assignment to MERS in Bankruptcy
Professor Wilson Freyermuth posted this summary of the Wyoming Supreme Court’s opinion In re Gifford, 2013 WY 54 (Wyo. Sup. Ct. May 8, 2013) to the DIRT listserv and has given us permission to cross-post it here: Synopsis: Wyoming Supreme … Continue reading
May 23, 2013 in Downstream litigation commentary | Permalink | No Comments
April 11, 2013
Careful When Putting Shoe on Other Foot
Nestor Davidson has posted a very useful article to SSRN, New Formalism in the Aftermath of the Housing Crisis. The article notes that as “borrower advocates have responded to [the] surge in mortgage distress, they have found success raising a … Continue reading
April 11, 2013 in Downstream litigation commentary | Permalink | 1 Comment
