Tran v. Bank of New York || ** U P D A T E ** || Commentary and Case Filings

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Tran v. Bank of New York || ** U P D A T E ** || Commentary and Case Filings

Tran v. Bank of New York || ** U P D A T E ** || Commentary and Case Filings

Note: Cases such as these should only be attempted by an experienced attorney.

Tran v. Bank of New York

COMMENTARY

COMMENTARY Mortgage Securitization and Lender’s Ability to Foreclose
However, a simple “yes” answer to the question would ignore
recent case law concerning whether a borrower in a foreclosure
action can assert defenses founded upon alleged non-compliance
with documents governing the securitization of the underlying loan
—e. g., pooling and servicing agreements.
COMMENTARY Row Over Mortgage Transfers To MBS Trusts Hits High Court – Law360
Law360, New York (September 8, 2015, 8:33 PM ET) — Property owners have
asked the U.S. Supreme Court to review their suit against several banks, saying
the Second Circuit did not appropriately determine whether they had standing to
claim that mortgage-backed securities trusts managed by the banks did not own
the petitioners’ mortgages. (SEE Concurrent email for article. Link may not open.)

APPELLATE FILINGS

Tran v. Bank of New York, Court of Appeals, 2nd Circuit SUMMARY ORDER 2015 – Google Scholar
Here, Plaintiffs do not identify any basis for distinguishing their claim from the claim
at issue in Rajamin, where this Court recently held that mortgagors, who were not
trust beneficiaries, lacked constitutional and prudential standing to bring an action
based on trustee conduct that allegedly contravened the trust instrument.
Tran v. Bank of New York, Court of Appeals, 2nd Circuit SUMMARY ORDER 2015 – CourtListener.com
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: Justia DOCKET
They sued a BUNCH them.
DEFENDANTS:

Lehman Mortgage Trust,
Countrywide Alternative Loan Trust,
First Franklin MTG Loan Asset Bank,
GSAA Home Equity Trust,
Fremont Home Loan Trust,
Impac Secured Assets Corp.,
HSBC Bank USA National Association,US Bank National Association,
Chase Bank USA National Association,
Bank Of New York,
Deutsche Bank National Trust Company,
Bear Stearns ALT-A Trust,
Merrill Lynch Mortgage Investors Trust,
Securitized Asset Backed Receivables,
Credit Suisse Mtg Capital Certificate,
IXIS Real Estate Capital Trust,
Countrywide Home Loans,
Citigroup Mortgage Loan Trust Inc.,
Countrywide Asset-Backed Certificates,
Wells Fargo Bank National Association,
American Home Mortgage Assets and Merrill Lynch Alternative Note Asset
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: Case Docket | United States Courts Archive™
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: NOTICE OF EXPEDITED APPEAL Docket Item 51 | United States Courts Archive™
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: BRIEF OF APPELLANTS Docket Item 52.1 | United States Courts Archive™
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: BRIEF OF APPELLANTS_2 Docket Item 54 | United States Courts Archive™
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: NOTICE OF DEFECTIVE FILING Docket Item 73 | United States Courts Archive™
Tran v. Bank of New York, Court of Appeals, 2nd Circuit :: BRIEF FOR DEFENDANTS-APPELLEES Docket Item 76 | United States Courts Archive™

DISTRICT COURT FILINGS

Tran et al v. Bank Of New York et al, No. 1:2013cv00580 SDNY :: Justia DOCKET
Tran et al v. Bank Of New York et al, No. 1:2013cv00580 SDNY :: Plainsite DOCKET
Tran et al v. Bank of New York et al, No. 1:2013cv00580 SDNY OPINION and ORDER – Google Scholar
For the foregoing reasons, the Plaintiffs have no standing to bring any claim based on
alleged breaches of the PSAs, and, because the theory underlying the Plaintiffs’ claims
 is untenable, any amendment of the Amended Complaint would be futile. See Foman v.
Davis, 371 U.S. 178, 182 (1962). Therefore, the Amended Complaint is dismissed with
prejudice in its entirety. Furthermore, because the standing issue is dispositive, this
Court need not reach the other issues raised in the motion to dismiss or the issue of
severance.
Tran et al v. Bank Of New York et al, No. 1:2013cv00580 SDNY OPINION and ORDER – JUSTIA
Tran et al v. Bank Of New York et al, No. 1:2013cv00580 SDNY Federal Docket Search: “Tran et al v. Bank Of New York et al” PAYWALL | Docket Alarm
Tran et al v. Bank Of New York et al 

1:13-cv-00580, New York Southern District Court
9/5/2013 MEMORANDUM OF LAW in Opposition re: 39 JOINT MOTION to Dismiss the Amended Complaint Or, In The Alternative, To Sever Plaintiffs.. Document filed by Kay Ap…
4/15/2013 AMENDED COMPLAINT amending 1 Complaint, against Alternative Loan Trust CWALT 2006-29T1, Alternative Loan Trust CWALT 2006-OA19, Alternative Loan Trust CWALT 200…
1/25/2013 COMPLAINT against American Home Mortgage Assets, Bank Of New York, Bear StearnsALT-A Trust, Chase Bank USA National Association, Citigroup Mortgage Loa…

RESEARCH

“Tran v. Bank of New York” – Google Search

 

Row Over Mortgage Transfers To MBS Trusts Hits High Court

By John Kennedy

Law360, New York (September 8, 2015, 8:33 PM ET) — Property owners have asked the U.S. Supreme Court to review their suit against several banks, saying the Second Circuit did not appropriately determine whether they had standing to claim that mortgage-backed securities trusts managed by the banks did not own the petitioners’ mortgages.

In an Aug. 31 petition, the property owners said that their mortgages were transferred to 37 MBS trusts that the banks — Bank of New York Mellon Corp., HSBC Bank NA, US Bank NA, Deutsche Bank National Trust Co. and Wells Fargo Bank NA — were trustees for, but that those transactions were invalid.

The appeals courts are split on how to determine the standing of property owners who challenge mortgage transfers, and the Second Circuit conflated standing with the merits of the instant case by way of an analysis that “swallows its own tail and makes no sense,” according to the petition.

[…]

http://www.law360.com/articles/699755/row-over-mortgage-transfers-to-mbs-trusts-hits-high-court

 

Down Load PDF of This Case.

Tran Cert Pet-Final-rev

Down Load PDF of This Case

Tran v. Bank of New York, Dist

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