December 31, 2012
Mortgagee Lacks Standing to Challenge Assignments in Texas
Bridges v. JP Morgan Chase Bank, N.A., et al., No. A-12-CA-635-SS (W.D. Tex Sept. 21, 2012), is a recently decided federal district court decision in Texas. The Western District Court in Austin granted the defendant’s motion to dismiss the plaintiff’s suit. … Continue reading
December 31, 2012 in Note ownership litigation | Permalink | No Comments
November 29, 2012
New Jersey Bankruptcy Court Finds that “Non-Holder” Cannot Enforce Mortgage Note
In In re Kemp, 440 B.R. 624 (Bankr. D.N.J. 2010) the debtor/plaintiff brought an adversary proceeding to expunge a proof of claim filed on behalf of Bank of New York by loan servicer Countrywide Home Loans. At all relevant times, … Continue reading
November 29, 2012 in Note ownership litigation | Permalink | No Comments
November 9, 2012
Florida Appellate Court Holds that a “Non-Holder” does not have Standing
In Cutler v. U.S. Bank National Association, ____ So.3d ____ (Fla.App. 2 Dist. 2012), a Florida Appellate court held that if a bank could not establish that it was the holder of the mortgage note or allonge, which took effect prior to … Continue reading
November 9, 2012 in Note ownership litigation | Permalink | No Comments
