REFinBlog

December 11, 2013

Michigan Court Dismisses Fair Debt Collection Practices Act Claim

The court in deciding Mullins v. Fannie Mae, 2013 U.S. Dist. LEXIS 150718 (E.D. Mich. 2013) granted the defendant’s motion to dismiss. The plaintiff brought six causes of action: Count I—Fraudulent Misrepresentation; Count II—Estoppel; Count III—Negligence; Count IV—Violation of the … Continue reading →

December 10, 2013

Imposing Order on Recording Chaos

Dale Whitman has posted A Proposal for a National Mortgage Registry: MERS Done Right. This is great timing because he will be touching on some of the issues raised in this article in tomorrow’s webinar. His proposal for a national … Continue reading →

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 →

Lower Court’s Grant of Summary Judgement Affirmed by Nevada Court

The court in deciding Castro v. Bank of N.Y. Mellon, 2013 Nev. LEXIS 1602 (Nev. 2013) affirmed the lower courts judgment against the plaintiff. Plaintiff obtained a home loan from Decision One Mortgage Company, LLC and executed a promissory note … Continue reading →

Ohio Court Finds That Plaintiffs Were Not Bona Fide Purchasers

The Court of Appeals of Ohio, Fifth Appellate District, in deciding Bank of N.Y. Mellon v. Casey, 2013-Ohio-4686 (Ohio Ct. App., Fairfield County Oct. 21, 2013) affirmed the lower court’s judgment and held that the plaintiffs were not bona fide … Continue reading →

December 9, 2013

North Carolina Court Dismisses Plaintiff’s Claims of Fraud Against MERS, Bank of America, & Trustee Services of Carolina

The court in deciding Porterfield v. JP Morgan Chase Bank, Nat’l Ass’n, 2013 U.S. Dist. LEXIS 152318 (E.D.N.C. 2013) dismissed plaintiff’s claims and granted the defendant’s motion to dismiss. Plaintiff asserted the following claims: (1) wrongful foreclosure; (2) fraud; (3) … Continue reading →

December 6, 2013

(Non-)Enforcement of Securitized Mortgage Loans

Professors Neil Cohen and Dale Whitman, two important scholars who know their way around the UCC and mortgage law, will take on a highly contested topic in an upcoming ABA Professors’ Corner webinar: “Ownership, Transfer, and Enforcement of Securitized Mortgage … Continue reading →