REFinBlog

November 21, 2013

United States District Court Dismisses Plaintiff’s Wrongful Foreclosure, Wrongful Ejectment, and Quiet Title Claims

The court in deciding Billete v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155544, 2013 WL 5840105 (D. Haw. Oct. 30, 2013) dismissed with prejudice the portions of plaintiff’s actions, including: Count I (wrongful foreclosure, wrongful ejectment, and … Continue reading →

November 19, 2013

California Court Determines Plaintiff’s Claims are Barred by Res Judicata

The court in deciding Maxwell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. LEXIS 155930, 2013 WL 5882457 (N.D. Cal. Oct. 30, 2013) concluded that the plaintiff’s claims were barred by res judicata and therefore granted [with prejudice] the … Continue reading →

Northern District of California Court Dismisses Plaintiff’s Claims for Lack of Subject Matter Jurisdiction

The court in deciding Murphy v. Bank of N.Y. Mellon, 2013 U.S. Dist. LEXIS 155923, 2013 WL 5883675 (N.D. Cal. Oct. 29, 2013) dismissed the plaintiff’s action without prejudice. The plaintiff in this case brought this action against defendants [Bank … Continue reading →

November 18, 2013

Maine Supreme Judicial Court Holds that a NonHolder in Possession of a Mortgage Can Initiate a Foreclosure Action

The state Supreme Judicial Court of Maine in Wells Fargo Bank, N.A. v. Burek, 2013 WL 5760946 (2013) held that Wells Fargo properly initiated a foreclosure action against two homeowners, even though the court found that Wells Fargo was not … Continue reading →

November 16, 2013

Michigan Court Finds MERS Had Capacity to Assign Mortgage, and Bank of New York Mellon Had Capacity to Accept MERS’s Assignment of the Mortgage

The court in Maslowski v. Mortgage Elec. Registration Sys., 2013 U.S. Dist. LEXIS 155970, 2013 WL 5876608 (W.D. Mich. Oct. 31, 2013) found that dismissal under Fed. R. Civ. P. 12(b)(6) is appropriate. The plaintiff in this case [Maslowski] challenged … Continue reading →

Georgia Court Affirms That The Holder of a Deed to Secure Debt is Authorized to Exercise the Power of Sale in Accordance With the Terms of the Deed

The court in deciding Sanford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156084, 2013 WL 5899238 (N.D. Ga. Oct. 31, 2013), found that each of the plaintiff’s arguments lacked merit and subsequently granted defendant’s motion to dismiss. Plaintiff’s … Continue reading →

November 14, 2013

Michigan Court Dismisses Plaintiff’s State Law Based Claims of Wrongful Foreclosure

The United States District Court for the Eastern District of Michigan, Southern Division after considering the arguments in Ashford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156159, 2013 WL 5913411 (E.D. Mich. Oct. 31, 2013), dismissed the plaintiff’s … Continue reading →