REFinBlog

December 1, 2013

Texas Court Finds Plaintiff’s “Split-the-Note” Theory Without Merit

The court in deciding Morlock, L.L.C. v. JPMorgan Chase Bank, N.A., 2013 U.S. Dist. LEXIS 153386 (S.D. Tex. Oct. 25, 2013) ultimately dismissed plaintiff’s bifurcation theory based complaint. Plaintiff alleged that the deed of trust had been “executed and delivered . … Continue reading →

California Court Denies Petition for Preliminary Injunction on Foreclosure Proceeding

The court in deciding Vazquez v. Select Portfolio Servicing, 2013 U.S. Dist. LEXIS 152454 (N.D. Cal. Oct. 23, 2013) denied the plaintiff’s petition for a preliminary injunction prohibiting defendants from proceeding with the foreclosure sale of his home. Plaintiff alleged … Continue reading →

November 30, 2013

California Court Dismisses Plaintiff’s Claims of Federal and State Law Violation

The court in deciding Brashears v. Bank of Am. Home Loans, 2013 U.S. Dist. LEXIS 152478 (C.D. Cal. Oct. 22, 2013) dismissed the plaintiff’s complaint, which alleged violations of federal and state law in connection with the issuance of a … Continue reading →

November 27, 2013

Court Dismisses Plaintiff’s Wrongful Foreclosure, Fraud, Quiet Title and Declaratory Relief Claims

The plaintiff in Cuddeback v. Bear Stearns Residential Mortg. Corp., 2013 U.S. Dist. LEXIS 152989 (W.D. Wash. Sept. 10, 2013) brought claims against Bear Stearns, EMC, Wells Fargo (collectively, “Defendants”) for wrongful foreclosure, fraud, quiet title and declaratory relief pursuant … Continue reading →

California Court Finds That the Plaintiff’s Complaint Should be Dismissed as Defendant Owed no Fiduciary Duty

The court in deciding Lawrence v. Sadek, 2013 U.S. Dist. LEXIS 153074 (C.D. Cal. Oct. 21, 2013) dismissed the plaintiff’s claims. The plaintiff’s complaint alleged that defendant breached a fiduciary duty by allowing the plaintiff to enter the loan agreement … Continue reading →

California Court Dismisses Plaintiffs Suit Brought for Wrongful Foreclosure Defendants Bank of America & Freddie Mac

The court in deciding Bergman v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 153173 (N.D. Cal. Oct. 23, 2013) dismissed the plaintiff’s complaint. Most of plaintiffs’ claims were based on one of two legal theories. First, the plaintiffs based … Continue reading →

November 26, 2013

Texas Court Finds That MERS Had Authority to Assign, Thus Defendant Could Enforce Note

The plaintiff in Hines v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 153895 (S.D. Tex. Oct. 28, 2013), contended that defendants could not show an unbroken chain of title to enforce the note because MERS had no authority to … Continue reading →