Editor: David Reiss
Brooklyn Law School

November 12, 2013

Eastern District of California Dismisses Plaintiff’s Action, Thus Upholding Decision That Possession of Original Note is Unnecessary

By Ebube Okoli

The United States District Court for the Eastern District of California in Candelo et al v. NDEX West, LLC et al., No. CV F 08-1916 LJO DLB (E.D.Cal. 2008) dismissed the plaintiff’s action. In dismissing the plaintiff’s claims, the court … Continue reading

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November 12, 2013 in 2008 | Permalink | No Comments

August 22, 2013

Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws

By Ebube Okoli

The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading

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August 22, 2013 in 2008 | Permalink | No Comments

June 12, 2013

Ohio Bankruptcy Court Rules in Favor of Wells Fargo: Failure to Properly Record Mortgage Assignment Does Not Invalidate Mortgage

By Orly Graeber

In In re Williams, 395 B.R. 33 (Bankr. S.D. Ohio 2008), the Ohio Bankruptcy Court granted the defendant, Wells Fargo Bank, N.A.’s motion to dismiss the Plaintiff’s complaint, holding that mortgage assignments must be recorded under Ohio law, but that … Continue reading

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June 12, 2013 in 2008 | Permalink | No Comments

April 12, 2013

Massachusetts Bankruptcy Court Denies Motion for Relief from Stay

By Gloria Liu

In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading

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April 12, 2013 in 2008 | Permalink | No Comments

March 12, 2013

Ohio Bankruptcy Court Holds that Incomprehensible Payment Histories Evidence Defective Procedures

By Gloria Liu

In In re Cartier, No. 04-15754 (Bankr. N.D. Oh. June 18, 2008),the Bankruptcy court found that the payment history was incomprehensible and that procedures were not followed. There was an order on MERS, through an officer, to appear and show cause, … Continue reading

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March 12, 2013 in 2008 | Permalink | No Comments

February 5, 2013

United States District Court in California Holds that MERS “Assignee” Lacked Standing Because no Evidence Showed MERS held the Note

By Robert Huberman

In Saxon Mortg. Services, Inc. v. Hillery, C-08-4357EMC, 2008 WL 5170180 (N.D. Cal. Dec. 9, 2008), the United States District Court, in the Northern District of California granted Hillery’s motion to dismiss because Saxon Mortgage Services, Inc., lacked standing. Hillery obtained … Continue reading

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February 5, 2013 in 2008 | Permalink | No Comments