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Topic: Mortgage

Rivera v. Deutsche Bank (In re Rivera)

Citation: 
NC-13-4615
Ruling: 
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The bankruptcy court dismissed the entire complaint without leave to amend, holding ...
Judge(s): 
Kurtz, Pappas & Jury
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Aspen Skiing Co. v. Cherrett (In re Cherrett)

Citation: 
Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be appealed immediately and (2) the bankruptcy court did not ...
Judge(s): 
DUNN, KIRSCHER, and TAYLOR
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling: 
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption, violation of discharge, and creditor misconduct. The BAP ruled that ...
Judge(s): 
Federman, Saladino, Shodeen
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Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Read on...

Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation: 
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling: 
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying confirmation of the Chapter 13 plan was dismissed as a moot issue ...
Judge(s): 
PAPPAS, JURY and KURTZ, Bankruptcy Judges
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Derbabian v. Bank of America, N.A.

Citation: 
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling: 
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home. Specifically, plaintiffs (i) failed to plead fraud with specificity, (ii) failed to state a claim for breach of contract because agreements relating ...
Judge(s): 
Cole, Keith, and Batchelder.
Read on...

Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
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Rubin v. Fannie Mae

Citation: 
Case No. 13-1010 (6th Cir. 2014)
Ruling: 
FNMA and FHFA are not "state actors" within scope of 5th Amendment, such that non-judicail foreclosure process is not violation of Due Process Clause of 5th Amendment. Once redemption expired, debtor could not bring action contesting foreclosure process based ...
Judge(s): 
McKeague, Griffin and Polster
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Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
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Connolly v. Deutsche Bank National Trust

Citation: 
File Name: 14a0709n.06; Docket No. 13-2522
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of Appeals determined that plaintiff's suit did not extend the redemption ...
Judge(s): 
Gibbons, McKeague and Stafford; opinion by McKeague
Read on...
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