Bank of New York Mellon (Fla. App. 4th District, Feb. 2, 2011), Florida’s Fourth District Court of Appeal, sitting en banc, upheld the bank’s voluntary dismissal of a foreclosure action filed after the defendant had moved for sanctions against the bank for filing an allegedly fraudulent assignment of mortgage. Affirming the trial court’s refusal to strike the voluntary dismissal, the appellate court held that.
Homeowners challenged the validity of the foreclosure of their home mortgages. The district court dismissed the suit under Rule 12(b)(6). The court affirmed the district court’s dismissal of the law firm as fraudulently joined and concluded that the court had subject matter jurisdiction over the appeal because the doctrine of prior exclusive jurisdiction was inapplicable.
Calif. appeals court upholds dismissal of MERS wrongful foreclosure suit. "In a similar case last month, the Court of Appeal of the State of California Second Appellate District affirmed the dismissal of a borrower’s foreclosure challenge," said MERSCORP Holdings Vice President for Corporate Communications, Janis Smith.
Home sales slowest since July 2012 Annual real estate sales numbers since the Great Recession of 2008 suggest the upcoming years through 2017. expect the short-term rate to decline in the 2017-2018 period which will slow and put an end any downward turn in real estate sales volume and the economy.. 2012 saw sales volume and.Pennsylvania Housing Finance Agency funds leadership training The top 10 safest and most dangerous cities · Morgan Quitno Press recently published its 13th annual ranking of the safest and the most dangerous cities in the US with populations of at least 75,000, based on the rate of murders, rapes, robberies, aggravated assaults, burglaries and motor vehicle thefts reported to the FBI.There’s also been a buildup in key swing states like Colorado, Florida, Nevada, North Carolina, Ohio, Pennsylvania and Virginia. its officials privately call a “leadership factory” that they see as.Homeowner ‘securitization theory’ BofA claim dismissed FHFA appoints new chief of staff · The governor of Kaduna State, Nasir El-Rufai, has appointed muhammad sani abdullahi (dattijo), the immediate-past Commissioner for Planning & Budget, as his new Chief of Staff. The governor has also approved the appointment of seven other official, including new heads for the State primary health care Development Agency, SPHCDA, and the State Emergency Management.Positive earnings build up Lennar, KB Home Lennar (LEN) Gears Up for Q4 Earnings. We expect Lennar Corporation (LEN) to beat expectations when it reports fourth-quarter fiscal 2017 results on Jan 10, before the market opens.. Last quarter, the company delivered a positive earnings surprise of 4.95%. This Miami-based homebuilder also surpassed expectations in each of the trailing four quarters, the average beat being 9.10%.Bank of America, 773 F.Supp.2d 886, 899 (D. haw. 2011) stated that “[t]he overwhelming authority does not support a cause of action based upon improper securitization.” However, the discussion cited in that case centers on plaintiffs who claim that securitization itself violates the agreement between the mortgagor and mortgagee.Countrywide Moves to Reassure on Liquidity, Future Countrywide’s expansion was also fueled by its move to sell conventional mortgage loans that were. $12 billion through new or existing credit agreements. To further help reassure investors of the.
U.S. court upholds dismissal of MERSCORP foreclosure suit Hartman v. The PIP-Group, LLC – Within six months of the dismissal of the prior lawsuit. Our Supreme Court has noted that although "it has never been held that all injunctions against publication are impermissible," such an.
Iqbal, 556 U.S. 662, 678 (2009), but instead offer only legally insufficient conjecture and "labels and conclusions," Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The plaintiffs also appeal the dismissal of their quiet title claim. Our rejection of an identical theory in Murphy requires us to affirm the district court’s dismissal on
Kentucky Attorney General Jack Conway filed a civil suit against MERSCORP in Franklin Circuit Court in January. The complaint is based on essentially the same allegations as those in the federal.
"Courts in California have ruled consistently that MERS’ legal standing as beneficiary gives MERS the authority under state law to take action on behalf of the owner of the note," said Janis Smith, MERSCORP’s VP of corporate communications in a statement announcing the Supreme Court’s denial of the case.
Mortgage MERS Hit with $400,000,000 Lawsuit! MERS is required to take foreclosures to court, their lawyers said, citing an April 21 decision by Michigan’s Court of Appeals. The decision, which voided two property seizures, said state law requires a foreclosing party to own the legal title to the debt. Janis Smith, a Merscorp spokeswoman,