Wallace v. PNC Bank, N.A. (Lawyers Weekly No. 10-010-18)
Extraordinary relief unavailable where petitioner has adequate alternative remedies, including ordinary appeal after posting bond or appeal of bond denial after accepting dismissal.
N.A.
Wells Fargo Bank, N.A. v. Comeau (Lawyers Weekly No. 11-143-17)
Bank cannot use equitable subrogation to impose on surviving spouse an obligation to pay husband's refinanced mortgage when she was neither party to the note nor the new mortgage.
Valente v. TB Bank, N.A. (Lawyers Weekly No. 11-117-17)
Bank customer cannot sue for negligence over forged checks if notice not given within one year of account statement under UCC.
Jose v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 11-089-16)
Mortgage lender must conduct face-to-face meeting with defaulting borrower before foreclosure on FHA-insured mortgage. Exemption for distant properties does not apply when lender maintains any branch office, including loan origination branches, within 200 miles.
Bank of America, N.A. v. Prestige Imports, Inc., et al. (Lawyers Weekly No. 11-087-16)
Attorney's lien forfeited when lawyer withdraws without good cause, but retained under quantum meruit when client conduct destroys the attorney-client relationship.
Bank of America, N.A. v. Commissioner of Revenue (Lawyers Weekly No. 10-096-16)
Corporate trustee qualifies as Massachusetts "inhabitant" for fiduciary income tax purposes through established business presence and material trust administration activities, even if domiciled elsewhere.
Bank of America, N.A. v. Casey (Lawyers Weekly No. 10-083-16)
Attorney's affidavit under Massachusetts law may cure a defect in a mortgage's acknowledgment by supplying omitted mortgagor names and confirming voluntary execution.
Wells Fargo Bank, N.A. v. Anderson (Lawyers Weekly No. 11-050-16)
Affirmed. Mortgagor lacks standing to challenge mortgage assignments where foreclosing bank validly holds the mortgage despite alleged defects in the assignment chain.
Khalsa, et al. v. Sovereign Ban, N.A. (Lawyers Weekly No. 11-005-16)
Mortgage foreclosure sale invalid unless mortgagee holds note or acts as authorized agent of note holder. Remanded where genuine factual disputes remain regarding agency authorization.
Mack v. Wells Fargo Bank, N.A., et al. (Lawyers Weekly No. 11-180-15)
Litigation privilege immunizes attorney from consumer protection and civil rights claims arising from foreclosure conduct undertaken in connection with pending lawsuit, but does not protect auction company.