REFinBlog

May 2, 2014

Defaulting Mortgagor Lacked Standing Under 11 U.S.C.S. § 1109(b)

The court in deciding In re Residential Capital, LLC, 2013 Bankr. (Bankr. S.D.N.Y., 2013) held that the plaintiff Scott was not a party in interest and therefore lacked standing to assert a violation of the automatic stay. The court thus … Continue reading →

Arizona’s Non-Judicial Foreclosure Statutes do not Require the Beneficiary to ‘Show the Note’ Before Commencing a Non-Judicial Foreclosure

The court in deciding Famili v. Wells Fargo Bank NA, 2013 U.S. Dist. (D. Ariz., 2013) reaffirmed the holding that “Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or ‘show the note’ before the trustee … Continue reading →

Court Rejects Arguments that Mortgage Electronic Registration Systems, Inc. Lacked the Authority to Assign Mortgage

The court in deciding Jones v. Nationstar Mortg. LLC, 2013 U.S. Dist. (W.D. Mich., 2013) granted defendant Nationstar’s motion for summary judgment. Plaintiff alleged that the foreclosure of his property was unlawful for the following reasons: (1) Nationstar refused to … Continue reading →

New Jersey Court Finds that Plaintiff had Both Possession of the Original Note and Assignment

The court in deciding Assets Recovery 23, LLC v. Odoemene, 2013 N.J. Super. (App.Div., 2013) this court affirmed the ruling of the lower court that the plaintiff was permitted to foreclose. In this foreclosure matter, defendants Emmanuel C. Odoemene and … Continue reading →

May 1, 2014

Court Dismissed Minn. Stat. § 559.01 Claims

The court in deciding Lubbers v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (D. Minn., 2013) dismissed plaintiff’s claims. Plaintiffs sought to invalidate the foreclosure of the mortgage on their home. Plaintiffs asserted three claims against defendant: (1) quiet-title, … Continue reading →

Court Finds that BAC Home Loans did not Have Standing to File Suit

The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s decision and found that appellee had not established that it was the current holder of the note and … Continue reading →

April 29, 2014

Reiss on Supreme Court Mortgage Case

Law360 quoted me in Supreme Court Takes Up Mortgage Rescission Timing Case (behind a paywall). It reads in part, The U.S. Supreme Court agreed Monday to weigh in on whether federal law requires borrowers to notify creditors in writing of their intention … Continue reading →