REFinBlog

July 23, 2014

Court Finds that Defendants Failure to Record all Assignments of the Deed did not Violate ORS 86.735

The court in deciding Romani v. Northwest Trs. Servs., 2013 U.S. Dist. L (D. Or., 2013) granted the motion for summary judgment in favor of Northwest. The plaintiff’s complaint asserted four claims. Plaintiff alleged that the non-judicial foreclosure of her … Continue reading →

July 10, 2014

No MERS-Y for Maine Lenders

The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading →

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 →

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 →

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 →

Texas Court Rejects Claims Brought on the Grounds of “Show-me-the-Note” and “Split-the-Note” Theories

The court in deciding Hunt v. Worldwide Mortg. Co., 2013 U.S. Dist. (N.D. Tex., 2013) dismissed the plaintiff’s action in its entirety and specifically granted the defendant’s motion to dismiss. Plaintiffs asserted claims for fraud (only against MidFirst and its … Continue reading →

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 →