May 30, 2014
Georgia Court Dismisses TILA and RESPA Claims Brought by Plaintiff
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga. Sept. 25, 2013) granted the motion to dismiss proffered by the defendant. The first enumerated cause of action in Plaintiffs’ complaint was a claim … Continue reading
May 30, 2014 in MBS industry commentary | 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 MBS industry commentary | Permalink | No Comments
May 24, 2014
New York Court Denies Defendant’s Cross-Move to Dismiss Plaintiff’s Complaint Pursuant to CPLR 3211(a)(3)
The court in deciding Waterfall Victoria Master Fund, Ltd. v Hayle, 2013 N.Y. Misc. (N.Y. Sup. Ct. Dec. 11, 2013) denied the defendants’ cross-motion to dismiss the complaint based upon the plaintiff’s lack of standing is denied. The court granted … Continue reading
May 24, 2014 in MBS industry commentary | Permalink | No Comments
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
December 10, 2013 in MBS industry commentary | Permalink | No Comments
July 12, 2013
Ain’t Misrepresentin’
According to Wikipedia, the performers in the musical Ain’t Misbehavin’ “present an evening of rowdy, raunchy, and humorous songs that encapsulate the various moods of the era and reflect” a “view of life as a journey meant for pleasure and … Continue reading
July 12, 2013 in MBS industry commentary | Permalink | No Comments
July 8, 2013
State of the Nation’s Housing 2013: Build It and They Will Come
The Joint Center for Housing Studies of Harvard University released The State of the Nation’s Housing 2013. As always there is much of interest in this annual report. I was particularly intrigued by Figure 21 on page 20, “The Government … Continue reading
July 8, 2013 in MBS industry commentary | Permalink | No Comments
June 14, 2013
Massachusetts District Court Limits Massachusetts Supreme Court’s Broad Holding From Ibanez By Limiting Challenges to Assignments
In Aliberti v. GMAC Mortgage, LLC, 779 F.Supp.2d 242 (D.Mass.2011), the plaintiff homeowner relied on the seemingly broad-reaching holding handed down by the Massachusetts Supreme Court in U.S. Bank National Ass’n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (2011). … Continue reading
June 14, 2013 in MBS industry commentary | Permalink | No Comments
