Appeals Practice

Since its formation in 2001, the Firm has won over 220 Court of Appeals matters including published decisions across the country. A published decision typically sets forth changes or restrictions in the law that benefits our clients. Our Appellate Department Chair, Emilie Edling, stays on top of law. Below is a list of the some of the seminal published decisions we have obtained across the country:

  • Diedrich v. Ocwen Loan Servicing, LLC, 839 F.3d 583 (7th Cir. 2016) (Federal Appeals Court affirmed grant of summary judgment in favor of loan servicer on borrowers’ RESPA and state law claims where borrowers failed to demonstrate their alleged injuries were caused by failure to respond to their information request)
  • Deutsche Bank Tr. Co. Americas v. Walmsley, 277 Or. App. 690, 374 P.3d 937 (2016) (Oregon Appeals Court held in order for a trust to prove it was a holder of a note entitled to foreclose, it only needed to prove that it possessed the note at the time of foreclosure and the note was indorsed to it)
  • Demarest v. HSBC Bank USA, N.A. as Tr. for registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, 920 F.3d 1223 (9th Cir. 2019) ( Federal Appeals Court held deed of trust assignee, as trustee of traditional common law trust, who sued in its own name, was a real party in interest and therefore its citizenship controlled for diversity analysis purposes, rather than the citizenship of the trust’s beneficiaries)
  • Knapp v. Doherty, (2004) 123 Cal.App.4th 76 (California Appeals Court held that Trustee’s premature notice to defaulting borrowers of non-judicial foreclosure sale, mailed slightly before expiration of three months after recordation of default notice, did not cause injury to borrowers, even if the sale price was inadequate, still was still valid.)
  • Calvo v. HSBC Bank USA, N.A., as Trustee etc., (2011) 199 Cal.App.4th 118, (California Appeals Court held that statutory requirement that an assignment of the beneficial interest in a debt secured by real property must be recorded in order for the assignee to exercise the power of sale applies only to a mortgage and not to a deed of trust. Sale by Trustee was valid)
  • Bavand v. OneWest Bank, 196 Wash. App. 813 (2016)
  • The Bank of New York v. Romero, 2016-NMCA-091, 382 P.3d 991 (2016)
  • Bank of New York v. Dyer, 2016 ME 10, 130 A.3d 966 (2016)
  • Deutsche Bank Nat. Tr. Co. v. Slotke, 192 Wash. App. 166 (2016)
  • Yvanova v. New Century Mortg. Corp., 226 Cal. App. 4th 495 (2016)
  • Wells Fargo Bank, N.A. v. Burke, 943 N.Y.S.2d 540 (2012)