Plaintiffs failed to state a cause of action for wrongful foreclosure when alleging that use of MERS as the named beneficiary caused a split between the deed of trust and note.
Judge(s):
Richard C. Tallman; Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan.
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 6 months ago
Citation:
11-6012 (B.A.P. 8th Cir. August 29, 2011)
Ruling:
Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 7 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
14 years 10 months ago
Citation:
___ F. 3d ___ (4th Cir. 2011), Slip Op. May 26, 2011, Dkt No. 10-1803
Ruling:
Applying Virginia law, the Court interpreted the language of the note providing the lender "may transfer this Note" as meaning exactly that: the lender may transfer the note. The note is a...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 10 months ago
Citation:
2011 WL 1833240, No. 10-2306
Ruling:
In Buchman, the Seventh Circuit rejected any suggestion that the completion of a judicial sale makes an appeal related to the sale equitably moot. The Court noted that even where it would be...
