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 Court9/5/2013 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
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
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