REFinBlog

January 7, 2014

California Court Dismisses All 12 Claims

The court in deciding Scott v. Saxon Mortg. Servs., 2013 U.S. Dist. LEXIS 146988 (N.D. Cal. Oct. 10, 2013) granted defendant’s motion to dismiss with leave to amend in part. Plaintiff’s brought 12 claims against defendants. Plaintiff’s first claim for … 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 24, 2013

Washington Court Dismisses Plaintiff’s State Consumer Protection Act Claim

The court in deciding Massey v. BAC Home Loans Servicing LP, 2013 U.S. Dist. LEXIS 148402 (W.D. Wash. 2013) granted the defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff Cindy T. Massey claimed that … 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 →

December 13, 2013

Court Dismisses Plaintiffs’ RESPA Claims Because Defendant Was Not Under Legal Obligation to Respond to Plaintiffs

The court in deciding Neroni v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 149190 ( E.D. Mich. Oct. 17, 2013) granted defendant’s motion to dismiss plaintiffs’ complaint pursuant to F.R.C.P. 12(b)(6). Plaintiffs alleged several claims in their complaint against … Continue reading →

Plaintiffs Failed to Allege Facts Sufficient to Set Aside the Foreclosure Sale After the Expiration of the Statutory Redemption Period

The court in deciding Glover v. JPMorgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 149354 (E.D. Mich. 2013) granted defendant’s motion to dismiss plaintiffs’ complaint pursuant to F.R.C.P. 12(b)(6). All of the plaintiffs’ claims stemmed from the defendant’s purported refusal … Continue reading →