June 11, 2014
Georgia Court Dismisses Plaintiff’s RESPA, TILA and HOEPA Claims
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) found no plain error in the lower court’s conclusion to dismiss the plaintiffs’ claims. Plaintiffs Reginald and Jamela Mitchell filed a complaint against … Continue reading
June 11, 2014 in Equity | Permalink | No Comments
June 4, 2014
Affordable Housing Preservation in NYC
Leaders of Brooklyn Legal Services Corporation A have released a white paper, Mayor de Blasio’s Housing Plan: The Most Important Housing Plan in NYC History? Just to get the suspense out of the way, they pretty much feel that it … Continue reading
June 4, 2014 in Equity | Permalink | No Comments
May 27, 2014
California Court Rejects Improper Pooling and Servicing Agreement Argument Brought by Plaintiffs
The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist., (S.D. Cal., 2013) dismissed the plaintiffs’ claims. Plaintiffs alleged three causes of action: 1) quiet title; 2) declaratory relief to determine the validity of the deed … Continue reading
May 27, 2014 in Equity | Permalink | No Comments
Georgia Court Dismisses Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq Claim
The court in deciding Morrison v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga. Dec. 16, 2013) eventually granted Bank of America, N.A.’s motion to dismiss. Plaintiff defaulted on her loan obligations after taking a loan from bank of … Continue reading
May 27, 2014 in Equity | Permalink | No Comments
May 23, 2014
Illinois Court Rejects “Show Me the Note” Argument
The court in Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 1st Dist. 2013) rejected show-me-the-note argument proffered by the defendant. Defendants claimed that Parkway did not demonstrate proper standing to foreclose because … Continue reading
May 23, 2014 in Equity | Permalink | No Comments
May 20, 2014
Connecticut Court Denies Claim Alleging Lack of Standing
The court in deciding Deutsche Bank Nat’l Trust Co. v. Speer, 2013 Conn. Super. 2682 (Conn. Super. Ct., 2013) found that the defendant misstated the law in arguing that the plaintiff must hold the assignment of the mortgage before commencing … Continue reading
May 20, 2014 in Equity | Permalink | No Comments
S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)
The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading
May 20, 2014 in Equity | Permalink | No Comments
