REFinBlog

January 19, 2014

Michigan Court Grants Summary Judgement in Favor of Bank

The court in deciding Wargelin v. Bank of Am., 2013 U.S. Dist. LEXIS 146326 ( E.D. Mich. 2013) ultimately granted defendants’ motion for summary judgment. Plaintiff brought an action arising out of a foreclosure and subsequent sheriff’s sale of his … Continue reading →

January 18, 2014

California Court Finds Plaintiff Lacked Standing to Bring Action

The court in deciding Mottale v. Kimball Tirey & St. John, LLP, 2013 U.S. Dist. 146293 (S.D. Cal. Oct. 9, 2013) ultimately granted the defendants’ motion to dismiss. Plaintiff alleged unnamed investors brought an unlawful detainer action in state court … Continue reading →

January 9, 2014

Oregon Court Dismisses Plaintiff’s Oregon Revised Statute § 86.745(1) Claim

The court in Woods v. United States Bank N.A., 2013 U.S. Dist. LEXIS 146485 (D. Or. 2013) ultimately granted the defendants’ motion to dismiss, and dismissed with prejudice. Plaintiffs sought a declaratory judgment voiding and setting aside the foreclosure of … Continue reading →

California Appeals Court Affirms Lower Court’s Decision to Sustain Defendant’s Demurrer

The court in deciding Nehme v. Bac Home Loans Servicing, 2013 Cal. App. Unpub. LEXIS 7366 (Cal. App. 2d Dist. Oct. 15, 2013) affirmed the lower court decision. Plaintiff (William Nehme) brought this action for fraud, rescission, and other claims … Continue reading →

December 28, 2013

California Court Dismisses Show-Me-the-Note Claim

The court in deciding Newman v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 147562 (E.D. Cal. 2013) granted the defendant’s motion and dismissed the complaint. Plaintiff (Newman) argued that he was not challenging the authorization to foreclose, nor was … Continue reading →

December 27, 2013

Texas Court Found That There Was no Gap in Chain of Title

The court in deciding Acosta v. Fannie Mae, 2013 U.S. Dist. LEXIS 148066 (S.D. Tex. 2013) found that Under Section 51.0025 of the Texas Property Code, BOA had standing to foreclose as servicer of the loan. Plaintiff asserted numerous claims … Continue reading →

December 23, 2013

Michigan Court Dismisses Fraud & RESPA Claims

The court in deciding Neroni v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 149190 ( E.D. Mich. 2013) eventually granted the defendant’s motion to dismiss. Plaintiffs alleged claims against defendant [Bank of America, N.A.] for infringement of the Real … Continue reading →