REFinBlog

March 26, 2014

Ohio Court Decides Bank’s Possession of Note was Properly Shown

The court in deciding M & T Bank v. Strawn, 2013-Ohio-5845 (Ohio Ct. App., Trumbull County, 2013) ultimately affirmed the lower court’s decision. The court decided that the bank’s possession of the note was shown by the affidavit, along with … Continue reading →

Ohio Court Decided There Was no Basis to Challenge Standing Through a Civ.R. 60(B) Motion

The court in deciding Deutsche Bank Nat’l Trust Co. v. Santisi, 2013-Ohio-5848 (Ohio Ct. App., Trumbull County, 2013) ultimately denied the motion to vacate and affirmed the lower court’s decision. Santisi appealed the lower court’s decision and raised the following … Continue reading →

March 17, 2014

Georgia Court Denies Plaintiffs’ Motion for Reconsideration

The court in deciding White v. Bank of Am., N.A., 2013 U.S. Dist. (N.D. Ga., 2013) ultimately denied the plaintiff’s motion for reconsideration, therein upholding the decision of the lower court. Plaintiffs alleged that because BANA did not hold the … Continue reading →

United States District Court Dismisses RICO and FDCPA Claims

The court in deciding Koenig v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Cal., 2013) ultimately granted the defendant’s motion to dismiss. Plaintiff Philip A. Koenig commenced this action against defendant Bank of America. Plaintiff alleged causes of action … Continue reading →

March 9, 2014

Michigan District Court Dismisses Homeowners’ Claims Against J.P. Morgan Chase Bank and Fannie Mae

In October 2013, the United States District Court for the Western District of Michigan in Nederhoed v. J.P. Morgan Chase Bank, 2013 WL 5533683 (W.D.Mich. 2013) dismissed the Plaintiff homeowner’s claims against Defendants J.P. Morgan Chase Bank and Fannie Mae … Continue reading →

Michigan District Court Dismisses Fraud and Contract Breach Claims Against Mortgage Lender

In October 2013, the United States District Court of Michigan, Eastern District in Davis v. Green Tree Servicing, LLC 2013 WL 5551055 (E.D.Mich 2013) dismissed the Plaintiff homeowner’s claims for fraud and breach of contract against the Defendant mortgage lender. In … Continue reading →

March 6, 2014

California Court Denies Dismissal of Wrongful Foreclosure Claim

The California court in Engler v. ReconTrust Co., 2013 U.S. Dist. 179950 (C.D. Cal. 2013) dismissed all but one of the plaintiff’s complaint. Plaintiff originally filed suit against defendants BAC and MERS on June 6, 2012. On March 1, 2013, … Continue reading →