REFinBlog

March 9, 2014

Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender

In October 2013, the United States District Court of Michigan, Eastern District in Davis v. Green Tree Servicing, LLC 2013 WL 5551055 (E.D.Mich 2013) dismissed the Plaintiff homeowner’s claims for fraud and breach of contract against the Defendant mortgage lender. In … Continue reading →

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 →

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 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 →

United States District Court for the District of Columbia Dismisses Case Due to Lack of Jurisdiction

The court in deciding Glaviano v. JP Morgan Chase Bank, N.A., 2013 U.S. Dist. 180582 (D.D.C. Dec. 27, 2013) dismissed the plaintiff’s claim due to lack of jurisdiction. Plaintiffs alleged that the defendants did not have “possession of the note” … Continue reading →

February 7, 2014

California Court Upholds Summary Judgment Against Plaintiff, Dismissing California Uniform Commercial Code section 9313 Violations

The court in deciding Wolford v. Am. Home Mortg. Servicing, 2013 Cal. App. Unpub. LEXIS 7307 (Cal. App. 2d Dist. 2013) ultimately granted summary judgment in favor of defendants. AHMSI and Wells Fargo met their threshold burden to show they … Continue reading →

Missouri Court Dismisses Real Estate Settlement Procedures Act and Home Ownership Equity Protection Act Violation Claims Brought Against Nationstar Mortgage, LLC and MERS

The court in deciding White v. CTX Mortg., LLC, 2013 U.S. Dist. LEXIS 146589 (W.D. Mo. 2013) ultimately granted the defendant’s motion to dismiss. The plaintiff’s complaint asserted that the chain of title had been broken. Consequently, “title was not … Continue reading →