Sixth Court of Appeals Clarifies Recording Fee Standing Issue

Posted by & filed under 2013, Downstream litigation, Kentucky, Recording-fee litigation.

In Christian County Clerk, et al. v. Mortgage Electronic Registration Systems, Inc., et al., No. 12-5237 (6th Cir. 2013), the United States Sixth Circuit Court of Appeals heard a case on appeal from the United States District Court for the Western District of Kentucky. The case involved two county clerks suing MERS, its parent company… Read more »

Posted by & filed under 2012, Downstream litigation, MERS/Bank has standing, Rhode Island.

In Cooke v. Mortgage Electronic Registration Systems, Inc., et al., CA No. PC 2011-3487 (R.I. Sup. August 29, 2012), the plaintiff alleged that the assignment of the mortgage interest from MERS to the Federal National Mortgage Association, FNMA, was invalid. As a result, the plaintiff argued that FNMA did not have the statutory power of… Read more »

Rhode Island Court Compares Case to Kriegal

Posted by & filed under 2012, Downstream litigation, MERS/Bank has standing, Rhode Island.

In Chhun v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2011-4547, (R.I. Super. June 26, 2012), the plaintiff sought a declaration from the court to quiet title following a foreclosure sale.  The plaintiff claimed that the foreclosing party did not have the statutory power of sale at the beginning of the foreclosure proceedings…. Read more »

Rhode Island Superior Court Addresses Issues Payette Did Not

Posted by & filed under 2011, Downstream litigation, MERS/Bank has standing, Rhode Island.

In Kriegel v. Mortgage Electronic Registration Systems, PC2010-7099 (R.I. Sup. October 13, 2011), the court granted the defendant’s motion to dismiss the plaintiff’s claim. The plaintiff sought a declaratory judgment and petition to quiet title for his property. The plaintiff argued that the language in the mortgage barred the foreclosing party from having the right… Read more »

Rhode Island Superior Court Rejects Plaintiff’s Challenge of the Validity of MERS’s Assignment

Posted by & filed under 2012, Downstream litigation, MERS/Bank has standing, Rhode Island.

In Cafua v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-7407, (R.I. Super. June 20, 2012), the plaintiff alleged defaults in the foreclosure process prevented the foreclosing party (HSBC) from having the statutory power of sale. Specifically, the plaintiff challenged the assignment of the note from MERS to HSBC on multiple grounds. The… Read more »

Rhode Island Superior Court Adopts Payette Opinion

Posted by & filed under 2012, Downstream litigation, MERS/Bank has standing, Rhode Island.

In Breggia v Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-4144 (R.I. Super. April 3, 2012), the plaintiff brought a declaratory judgment claim to quiet title following a foreclosure sale. The plaintiff alleged a defective foreclosure sale occurred. The defendants moved for an entry of judgment on the pleadings. During the course of… Read more »

Court in Rhode Island Rejects the Disconnection Theory

Posted by & filed under 2011, Downstream litigation, MERS/Bank has standing, Note ownership litigation, Rhode Island.

In Payette v. Mortgage Electronic Registration Systems, No. PC-2009-5875, 2011 WL 3794701 (R.I. Sup. August 22, 2011), the plaintiffs do not challenge the allegation they defaulted on the note, however they challenged both the foreclosure sale and the title acquired by the buyer from the sale. The court first determined whether a conversion of the… Read more »