April 1, 2014
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 MERS/Bank has standing | Permalink | No Comments
March 17, 2014
Appeals of Michigan Dismisses Fraud and Improper Assignment Claims
The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, … Continue reading
March 17, 2014 in MERS/Bank has standing | Permalink | No Comments
March 5, 2014
The Court found That Bank of America had Standing Even After Merger
The court in deciding Bank of Am., N.A. v. Harris, 2013-Ohio-5749 (Ohio Ct. App., Cuyahoga County 2013) found Bank of America had standing after merger. Plaintiff moved for summary judgment arguing that Bank of America lacked standing to foreclosure because … Continue reading
March 5, 2014 in MERS/Bank has standing | Permalink | No Comments
March 3, 2014
United States District Court Rejects Show-me-the-Note Theory and SpIit-the-Note Theory Claims
In deciding McWright v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 180500 (N.D. Tex. Nov. 7, 2013) the United States District Court for the Northern District of Texas rejected the plaintiff’s claims. In her complaint, plaintiff raised the following … Continue reading
March 3, 2014 in MERS/Bank has standing | Permalink | No Comments
February 22, 2014
The Court of Appeals of Ohio Upholds Foreclosure Judgment Against Homeowner for Failing to Challenge Bank’s Standing During Trial
In October 2013, the Court of Appeals of Ohio in Wells Fargo Bank N.A., v. Arlington affirmed a trial court’s judgment in favor of the plaintiff bank in a foreclosure action because the homeowner did not properly challenge the bank’s … Continue reading
February 22, 2014 in MERS/Bank has standing | Permalink | No Comments
February 20, 2014
Illinois Court of Appeals Upholds Lower Court Decision Finding that Wells Fargo had Standing to Foreclose
The court in deciding Wells Fargo Bank, N.A. v. Abatangelo, 2013 IL App (1st) 130423-U (Ill. App. Ct. 1st Dist. 2013) that Wells Fargo had standing to foreclose the mortgage. Defendant, Peter Abatangelo, appealed the order of the circuit court … Continue reading
February 20, 2014 in MERS/Bank has standing | Permalink | No Comments
February 18, 2014
Ohio Court Finds that Bank of America had Standing to Foreclose and MERS had Authority to Assign
The court in deciding Bank of Am., N.A. v. Harris, 2013-Ohio-5749 (Ohio Ct. App., Cuyahoga County Dec. 26, 2013) found there was no merit to plaintiff’s appeal, and affirmed the lower court’s dismissal. Defendant, Frederick Harris, appealed from the trial … Continue reading
February 18, 2014 in MERS/Bank has standing | Permalink | No Comments
