REFinBlog

November 7, 2013

Washington Court Dismisses Plaintiff’s Truth in Lending Act (TILA) Complaint

The court in deciding Pruss v. Bank of Am. Na, 2013 U.S. Dist. LEXIS 157286 (W.D. Wash. Nov. 1, 2013) found that the plaintiff’s claims were barred by time and or otherwise inadequately pleaded. Therefore, the court granted the defendants’ … Continue reading →

Eastern District of California Finds That MERS Was Not Required to Register to do Business in California

The Eastern District of California in deciding Bogdan v. Countrywide Home Loans, CIV-F-09-1055 AWI SMS (E.D. Cal. 2010), found that MERS was not required to register to do business in California. Based off of this finding the court subsequently dismissed … Continue reading →

November 6, 2013

Homeowners in Fifth Circuit Fail to Defeat Deutsche Bank Assignments

In Reinagel v. Deutsche Bank Nat’l Trust Co., 2013 U.S. App. LEXIS 22133 (5th Cir. Tex. July 11, 2013), the U.S. Court of Appeals for the Fifth Circuit upheld the Texas district court’s decision to grant Deutsche Bank’s motion to dismiss the … Continue reading →

October 27, 2013

California Northern District Court Dismissed Plaintiff’s Claims Due to Flawed Reliance on Non-California Law

The California Northern District Court in deciding Newbeck v. Washington Mutual Bank, et al., No. C 09-1599 CW (N.D. Cal., 2010), dismissed the plaintiff’s claims. In reaching this conclusion, the California Northern District Court noted that plaintiff‘s reliance on non-California … Continue reading →

Eastern District of California Found That MERS Was Not Required to Register to do Business in California

The United States District Court, Eastern District of California, in deciding Bogdan v. Countrywide Home Loans, 09-1055 (E.D. Cal. 2010), found that MERS was not required to register to do business in California. The Eastern District of California, after considering … Continue reading →

Eastern District of California Dismisses Plaintiff’s Wrongful Foreclosure Claims Due to Plaintiffs’ Lack of Tender

The United States District Court, Eastern District of California in deciding the case of Small v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:09-CV-0458 (E. D. Cal., 2010), concluded that dismissing the plaintiff’s wrongful foreclosure claims due to lack … Continue reading →

October 17, 2013

$2.7 Million Punitive Damages for Wrongful Foreclosure Action

Many argue (see here, for instance) that wrongful foreclosures aren’t such a big deal. A recent case, Dollens v. Wells Fargo Bank, N.A., No. CV 2011-05295 (N.M. 2d Jud. Dist. Aug. 27, 2013)  highlights just how bad it can be … Continue reading →