REFinBlog

May 24, 2014

California Court Holds that the Securitization of Mortgage Loan did not Nullify Rights Granted Under Deed, Including the Right to Foreclose

The court in deciding Rivac v. Ndex West LLC, 2013 U.S. Dist. (N.D. Cal. Dec. 17, 2013) granted the motion to dismiss tendered by the defendant. Plaintiffs filed a complaint that alleged eight causes of action including; (1) breach of … Continue reading →

May 23, 2014

Illinois Court Rejects “Show Me the Note” Argument

The court in Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 1st Dist. 2013) rejected show-me-the-note argument proffered by the defendant. Defendants claimed that Parkway did not demonstrate proper standing to foreclose because … Continue reading →

May 20, 2014

S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)

The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading →

May 2, 2014

Arizona’s Non-Judicial Foreclosure Statutes do not Require the Beneficiary to ‘Show the Note’ Before Commencing a Non-Judicial Foreclosure

The court in deciding Famili v. Wells Fargo Bank NA, 2013 U.S. Dist. (D. Ariz., 2013) reaffirmed the holding that “Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or ‘show the note’ before the trustee … Continue reading →

New Jersey Court Finds that Plaintiff had Both Possession of the Original Note and Assignment

The court in deciding Assets Recovery 23, LLC v. Odoemene, 2013 N.J. Super. (App.Div., 2013) this court affirmed the ruling of the lower court that the plaintiff was permitted to foreclose. In this foreclosure matter, defendants Emmanuel C. Odoemene and … Continue reading →

May 1, 2014

Court Finds that BAC Home Loans did not Have Standing to File Suit

The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s decision and found that appellee had not established that it was the current holder of the note and … Continue reading →

April 17, 2014

Court Finds that Bank was Entitled to Enforce the Instrument Under R.C. 1303.31

The court in deciding M & T Bank v. Strawn, 2013-Ohio-5845 (Ohio Ct. App., Trumbull County 2013) affirmed the lower court’s decision and found that appellant’s argument was without merit. Appellant framed three issues for this court’s review. First, appellant … Continue reading →