DAE Obtains Appellate Victory In Mortgage Litigation Action

On November 6, 2015, the California Court of Appeal (Fourth District) affirmed the trial court’s dismissal of a complaint against Doll Amir & Eley LLP’s client GreenPoint Mortgage Funding, Inc. in Cleek v. GreenPoint Mortgage Funding, Inc., et al.

Plaintiff argued that the defendants lacked standing to foreclose based on improper securitization.  The trial court sustained GreenPoint’s first demurrer and dismissed Plaintiff’s entire complaint against it.

On appeal, Plaintiff relied on Glaski v. Bank of America, a published decision from another Court of Appeal that concluded that borrowers do have standing to challenge the timeliness of transfers into a securitization pool.  In an 11-page decision, the Court of Appeal rejected the application of Glaski and affirmed the trial court’s dismissal in full.

Doll Amir & Eley LLP partner Will Edmonson handled the proceedings before the trial court and the Court of Appeal.