REFinBlog

December 13, 2013

Michigan Court Finds That Defendants Were Not Acting Under Color of State Law

The court in deciding El-Jabazwe v. Wells Fargo Home Mortg., 2013 U.S. Dist. LEXIS 149854 ( E.D. Mich. Oct. 18, 2013) denied the plaintiff’s motions and granted the defendants’ motions. Plaintiff’s complaint listed the following Counts: 42 U.S.C. §1983 (Count … Continue reading →

December 12, 2013

Michigan Court Dismisses Claim Seeking $4,500,000.00 in Damages

The court in deciding Kemp v. Resurgent Capital Servs., 2013 U.S. Dist. LEXIS 150713 ( E.D. Mich. Oct. 21, 2013) ultimately dismissed the plaintiff’s claim and request for $4,500,000.00. The complaint made the following claims: Count I lack of standing, … Continue reading →

December 11, 2013

Michigan Court Dismisses Fair Debt Collection Practices Act Claim

The court in deciding Mullins v. Fannie Mae, 2013 U.S. Dist. LEXIS 150718 (E.D. Mich. 2013) granted the defendant’s motion to dismiss. The plaintiff brought six causes of action: Count I—Fraudulent Misrepresentation; Count II—Estoppel; Count III—Negligence; Count IV—Violation of the … Continue reading →

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 →

Lower Court’s Grant of Summary Judgement Affirmed by Nevada Court

The court in deciding Castro v. Bank of N.Y. Mellon, 2013 Nev. LEXIS 1602 (Nev. 2013) affirmed the lower courts judgment against the plaintiff. Plaintiff obtained a home loan from Decision One Mortgage Company, LLC and executed a promissory note … Continue reading →

Ohio Court Finds That Plaintiffs Were Not Bona Fide Purchasers

The Court of Appeals of Ohio, Fifth Appellate District, in deciding Bank of N.Y. Mellon v. Casey, 2013-Ohio-4686 (Ohio Ct. App., Fairfield County Oct. 21, 2013) affirmed the lower court’s judgment and held that the plaintiffs were not bona fide … Continue reading →

December 9, 2013

North Carolina Court Dismisses Plaintiff’s Claims of Fraud Against MERS, Bank of America, & Trustee Services of Carolina

The court in deciding Porterfield v. JP Morgan Chase Bank, Nat’l Ass’n, 2013 U.S. Dist. LEXIS 152318 (E.D.N.C. 2013) dismissed plaintiff’s claims and granted the defendant’s motion to dismiss. Plaintiff asserted the following claims: (1) wrongful foreclosure; (2) fraud; (3) … Continue reading →