March 9, 2015
Monday’s Adjudication Roundup
Shareholders of Deutsche Bank petitioned for cert to the U.S. Supreme Court to clarify the standard for a claim for pleading a fraudulent claim under Section 11 of the Securities Act of 1933 following the Second Circuit tossing their suit … Continue reading
March 9, 2015 in Downstream litigation | Permalink | No Comments
March 4, 2015
Wells Fargo Smackdown
Circuit Judge Elliott of Missouri Circuit Court issued a Judgment in Holm v. Wells Fargo et al. (No. 08CN-CV00944 Jan. 26, 2015) that awarded nearly three million dollars in punitive damages. This is just one of a number of searing … Continue reading
March 4, 2015 in Downstream litigation | Permalink | No Comments
February 26, 2015
Tenants in Foreclosure
Judge Demarest issued a Decision and Order in 650 Brooklyn LLC v. Hunte et al. (No. 504623/2013 Feb. 5, 2015). The defendants moved for dismissal because the foreclosing plaintiff failed to comply with a relatively new NY statute that requires … Continue reading
February 26, 2015 in Downstream litigation | Permalink | No Comments
February 23, 2015
Mortgage Assignment Mayhem
Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading
February 23, 2015 in Downstream litigation | Permalink | No Comments
February 11, 2015
Wednesday’s Academic Roundup
Banking Integration and House Price Comovement, by Augustin Landier, David Alexandre Sraer & David Thesmar, CEPR Discussion Paper No. DP10295. Second-Liens and the Leverage Option, by Adam J. Levitin & Susan M. Wachter, U of Penn. Inst. for Law & … Continue reading
February 11, 2015 in Downstream litigation | Permalink | No Comments
January 21, 2015
Supreme Take on Truth in Lending
The United States Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684 (Jan. 13, 2015). Jesinoski resolved a circuit split regarding notice requirements under the Truth in Lending Act (TILA) that apply when a homeowner … Continue reading
January 21, 2015 in Downstream litigation | Permalink | No Comments
January 20, 2015
Whitman on Foreclosing on E-Note
Professor Dale Whitman posted a commentary on Good v. Wells Fargo Bank, 18 N.E.3d 618 (Ind. App. 2014) on the Dirt listserv. The case addresses whether a lender foreclosing a mortgage securing an electronic note must provide proof that it … Continue reading
January 20, 2015 in Downstream litigation | Permalink | No Comments
