REFinBlog

January 21, 2014

Florida Appeals Court Holds that Service Agent of Bank has Standing to Initiate Foreclosure Action

On October 13, 2013, the Florida District Court of Appeals in American Home Mortgage Servicing, Inc. v. Bednarek held that a servicing agent of a larger bank had standing to file a foreclosure action against a homeowner because it properly … Continue reading →

January 18, 2014

California Court Finds Plaintiff Lacked Standing to Bring Action

The court in deciding Mottale v. Kimball Tirey & St. John, LLP, 2013 U.S. Dist. 146293 (S.D. Cal. Oct. 9, 2013) ultimately granted the defendants’ motion to dismiss. Plaintiff alleged unnamed investors brought an unlawful detainer action in state court … Continue reading →

New York Court Finds Chase Had the Right to Enforce the Loan

The court in deciding Beka Realty LLC v JP Morgan Chase Bank, N.A., 41 Misc. 3d 1213(A) (N.Y. Sup. Ct. 2013) ultimately granted Chase’s motion for an order dismissing plaintiff’s claims. Beka Realty LLC (plaintiff) brought an action against defendant … Continue reading →

January 9, 2014

Ohio Appeals Court Affirms Lower Court Decision Granting Summary Judgement in Favor of Bank of America

The court in deciding Bank of Am., N.A. v. Hizer, 2013-Ohio-4621 (Ohio Ct. App., Lucas County 2013) ultimately granted the defendant’s motion for summary judgment. This case was an appeal from a judgment of the Lucas County Court of Common … Continue reading →

January 7, 2014

California Court Dismisses Claim Due to lack of Standing and Failure to State a Claim

The court in deciding Britto v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 146978 (N.D. Cal. 2013) granted defendant’s motion to dismiss. In this foreclosure action, defendants moved to dismiss the complaint for lack of standing and failure to … Continue reading →

December 28, 2013

California Court Dismisses Show-Me-the-Note Claim

The court in deciding Newman v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 147562 (E.D. Cal. 2013) granted the defendant’s motion and dismissed the complaint. Plaintiff (Newman) argued that he was not challenging the authorization to foreclose, nor was … Continue reading →

December 10, 2013

District Court Rejects Claims That MERS Lacked Standing

The court in deciding Pratt v. Bank of Am. NA, 2013 U.S. Dist. LEXIS 151671 (D. Me. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged that the existence of forged documents related to a mortgage loan and that … Continue reading →