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Haase, et al. v. Countrywide Home Loans, Inc., et al.

April 11, 2014

Court: U.S. 5th Circuit Court of Appeals
Docket: 12-20806 Opinion Date: April 8, 2014
Judge: Jolly
Areas of Law: Banking, Real Estate & Property Law
Plaintiffs filed suit against defendants after plaintiffs failed to make the required payments on their home equity loan. On appeal, plaintiffs challenged the district court's dismissal of their claims. Determining that the court had appellate jurisdiction, the court concluded that plaintiffs failed to controvert evidence that a letter was indeed sent to them notifying them of the change to their loan servicer. Accordingly, the court affirmed the district court's grant of Bank of America's and Deutsche Banks' motion for summary judgment in part on plaintiffs' Real Estate Settlement Procedures Act (RESPA), 2 U.S.C. 2605, claim. The court concluded that plaintiffs have made no factual allegations that Morgan Stanley was involved in the alleged unlawful conduct in connection with plaintiffs' home equity loan and the district court did not err in granting Morgan Stanley's motion to dismiss. The district court also did not err in granting Barrett Daffin's motion to dismiss. Finally, the district court did not abuse its discretion in denying plaintiffs' motion for sanctions and motion to compel discovery. Accordingly, the court affirmed the judgment of the district court.
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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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