REFinBlog

January 25, 2017

HUD, Exit Stage Left

President Obama had members of his Cabinet write Exit Memos that set forth their vision for their agencies. Julián Castro, his Secretary of HUD, titled his Housing as a Platform for Opportunity. It is worth a read as a roadmap of a progressive … Continue reading →

January 21, 2014

Ohio Court of Appeals Holds that Countrywide Home Loans has Standing to Bring a Foreclosure Action

On October 25, 2013, the Ohio Court of Appeals in Countrywide Home Loans v. Montgomery held that the Plaintiff had standing to initiate a foreclosure action since it was the party in interest at the time the suit was commenced. … Continue reading →

Florida Appeals Court Holds that Service Agent of Bank has Standing to Initiate Foreclosure Action

On October 13, 2013, the Florida District Court of Appeals in American Home Mortgage Servicing, Inc. v. Bednarek held that a servicing agent of a larger bank had standing to file a foreclosure action against a homeowner because it properly … Continue reading →

January 13, 2014

Florida Appellate Court Holds that Mortgagee is not Required to be the Mortgage Holder and Owner to have Standing for Foreclosure Action

The District Court of Appeal of Florida in Wells Fargo Bank, N.A., v. Morcom, 2013 WL 5575634 (Fl. Ct. App., 5th Dist. 2013), held that mortgagee was not required to be both holder and owner of promissory note in order to … Continue reading →

September 12, 2013

Just Shoot Me

Florida Twelfth Judicial Circuit Magistrate Bailey issued a Recommended Order in HSBC Bank USA, National Association, et al. v. Marra, No. 2008 CA 000630 NC (Aug. 14, 2013) that makes you want to give up.  Not because of the judge, … Continue reading →

August 22, 2013

Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws

The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading →

July 15, 2013

Florida Court Dismisses Class Action Against MERS Over Unpaid Recording Fees

The court in Fuller v. MERS, No. 11cv-1153 (M.D. Fla., June 27, 2012) was “confronted with an old problem: the difficulty of reconciling new technology with old law, thus raising the centuries old separation of powers controversy.” In deciding this … Continue reading →