REFinBlog

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 →

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 →