July 10, 2014
U.S. Bank Had Standing to Bring Action
The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas. In their sole assignment of error, McHugh argued that US Bank … Continue reading
July 10, 2014 in MERS/Bank has standing | Permalink | No Comments
Connecticut Court Denies All Five of Defendant’s Special Defenses to Foreclosure Action
The court in deciding Bank of Am., N.A. v. Samaha, 2013 Conn. Super. (Conn. Super. Ct., 2013) granted the plaintiff’s motion for summary judgment. In this action, the plaintiff sought to foreclose a mortgage executed by Joseph Samaha and Denise … Continue reading
July 10, 2014 in MERS/Bank has standing | Permalink | No Comments
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 MERS/Bank has standing | Permalink | No Comments
June 26, 2014
Alabama Court Rejects “Split-the-Note” Theory
The court in deciding Gray v. MERSCORP, Inc., 2013 U.S. Dist. (N.D. Ala., 2013) rejected the split the note theory put forward by Gray. This matter arose out of a note and mortgage executed in March 2007 by plaintiffs Clayburn … Continue reading
June 26, 2014 in MERS/Bank has standing | Permalink | No Comments
June 25, 2014
Michigan Court Rejects TILA and RESPA Claims in Granting Summary Judgment
The court in deciding Morton v. Bank of Am., N.A., 2013 U.S. Dist. (W.D. Mich., 2013) ultimately concluded that the moving defendants are entitled to judgment on all plaintiff’s claims as a matter of law. Plaintiff asserted that none of … Continue reading
June 25, 2014 in MERS/Bank has standing | Permalink | No Comments
June 19, 2014
Hawaii Court Holds that Debtor had Standing to Enforce Note and Mortgage Under Haw. Rev. Stat. § 490:3-301(ii) Even Though it was a Non-Holder
The court in deciding 1250 Oceanside Partners v. Katcher, 2013 Bankr. (D. Haw. 2013) recommended that the district court enter a decree of foreclosure in favor of the debtor. The debtor in possession of 1250 Oceanside Partners sought to enforce … Continue reading
June 19, 2014 in MERS/Bank has standing | Permalink | No Comments
June 11, 2014
NY Court Rejects Lack-of-Standing Claim
The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading
June 11, 2014 in MERS/Bank has standing | Permalink | No Comments