July 6, 2015
Possession of Note Confers Standing to Foreclose
Dale Whitman posted this discussion of Aurora Loan Services, LLC v. Taylor, 2015 WL 3616293 (N.Y. Ct. App., June 11, 2015) on the DIRT listserv: There is nothing even slightly surprising about this decision, except that it sweeps away a lot of confused and … Continue reading
July 6, 2015 in Downstream litigation commentary | Permalink | No Comments
January 20, 2015
Whitman on Foreclosing on E-Note
Professor Dale Whitman posted a commentary on Good v. Wells Fargo Bank, 18 N.E.3d 618 (Ind. App. 2014) on the Dirt listserv. The case addresses whether a lender foreclosing a mortgage securing an electronic note must provide proof that it … Continue reading
January 20, 2015 in Downstream litigation commentary | Permalink | No Comments
September 23, 2014
Is Freddie the “Government” When It’s In Conservatorship?
Professor Dale Whitman posted a commentary on Federal Home Loan Mortgage Corp. v. Kelley, 2014 WL 4232687, Michigan Court of Appeals (No. 315082, rev. op., Aug. 26, 2014) on the Dirt listserv: This is a residential mortgage foreclosure case. The … Continue reading
September 23, 2014 in Downstream litigation commentary | Permalink | No Comments
August 19, 2014
Should The Mortgage Follow The Note?
The financial crisis and the foreclosure crisis have pushed many scholars to take a fresh look at all sorts of aspects of the housing finance system. John Patrick Hunt has added to this growing body of literature with a posting … Continue reading
August 19, 2014 in Downstream litigation commentary | Permalink | No Comments
July 25, 2014
California Court Denies Plaintiffs’ Claims for Breach of Express Agreements, Breach of Implied Agreements, Slander of Title, Wrongful Foreclosure, and Violations of California Civil Codes
The court in deciding Zapata v. Wells Fargo Bank, N.A., 2013 U.S. Dist. (N.D. Cal. Dec., 2013) dismissed the plaintiff’s action for failure to state a claim. This action boiled down to an attempt made by the plaintiff to avoid … Continue reading
July 25, 2014 in Downstream litigation commentary | Permalink | No Comments
July 19, 2014
Georgia Court Dismisses RESPA, TILA, and HOEPA Claims
The court in deciding Mitchell v. Deutsche Bank Nat’l Trust Co., 2013 U.S. Dist. (N.D. Ga., 2013) granted the defendant’s motion to dismiss. Plaintiffs Reginald and Jamela Mitchell claimed that the defendants Deutsche Bank National Trust Co. and MERS violated … Continue reading
July 19, 2014 in Downstream litigation commentary | Permalink | No Comments
June 27, 2014
Court Decides that Lower Court Was Correct in Granting Summary Judgment in Favor of Bank of America and ReconTrust on FDCPA Claims
The court in deciding Brown v. Bank of Am., N.A. (In re Brown), 2013 Bankr. (B.A.P. 9th Cir., 2013) affirmed the lower court’s holding. The plaintiff in this case alleged alleged that BAC and ReconTrust violated the CPA by promulgating, … Continue reading
June 27, 2014 in Downstream litigation commentary | Permalink | No Comments
