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This is a great new opinion by Judge Amy Totenberg, in the Northern District of Georgia. It addresses the widely discussed and litigated issues of mortgages, MERS, standing, title to property, and foreclosures and is the only case I have seen to date that favors homeowners/consumers on theses issues in this context. The case is Evans v. Ocwen Loan Servicing, LLC, Civil Action File No.: 1:2011cv02231 and the opinion was published on July 7, 2011. See links below

I am counsel for the Plaintiff in at least one very similar case against BOA, also pending in the NDGA before Judge Totenberg, which involves claims pertaining to mortgage modifications under HAMP and FCRA [credit reporting] issues - and we are currently awaiting a ruling on BOA's Motion to Dismiss.

See more information here and here.


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