October 16, 2013
California Court Found That MERS Held Interests in the Property and Rejected the Plaintiff’s Argument that MERS Lacked Standing
The California court in deciding Nacif v. White-Sorensen, et al., NO. D056993. (San Diego Ct. Sup. Ct., 2009), determined that MERS held interests in the property and rejected the plaintiff’s argument that MERS had no standing because it was not … Continue reading
October 16, 2013 in 2009 | Permalink | No Comments
October 15, 2013
Court Finds That MERS, as the Beneficiary Under the Deed, Had the Authority to Assign its Beneficial Interest
The United States District Court, Northern District California in Benham v. Aurora Loan Services, No. C-09-2059, (N.D.Cal. 2009) dismissed the plaintiff’s claims in the entirety. The plaintiff brought a litany of claims. Among the plaintiff’s claims, was that MERS and violated … Continue reading
October 15, 2013 in 2009 | Permalink | No Comments
Southern District of California Holds that Production of Original Note is Not Required to Proceed with a Non-Judicial Foreclosure
The United States District Court for the Southern District of California in Putkkuri v. Recontrust Co., Case No. 08cv1919 WQH (AJB) (S.D.Cal. 2009) granted the defendants’ motion to dismiss. The plaintiff in this case demanded written proof of the defendants’ … Continue reading
October 15, 2013 in 2009 | Permalink | No Comments
Missouri Court of Appeals Holds that MERS Does not have Authority to Assign without Holding Note
In Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 621 (MO Ct. of App., E. D., Mar. 3, 2009), the court held that MERS did not have the authority to assign its interest because it did not hold the promissory … Continue reading
October 15, 2013 in 2009 | Permalink | No Comments
September 27, 2013
United States District Court Dismisses Plaintiff’s Contentions Against MERS, Alleging Wrongful Foreclosure and Unfair Business Practices
The United States District Court for the Northern District of California in deciding Pantoja v. Countrywide Home Loans, et al. 5:09cv016015 (N.D. Cal., 2009) affirmed MERS’ authority to foreclose. MERS’ ability to foreclose was again affirmed in this case, contrary … Continue reading
September 27, 2013 in 2009 | Permalink | No Comments
California Court Rules That State Law Did Not Require Possession of the Promissory Note in Order to Initiate a Non-Judicial Foreclosure
The Eastern District of California in deciding Chilton v. Federal National Mortgage Association, No. 1:09; 2187 (E.D. Cal., 2010) dismissed the plaintiff’s complaint claiming wrongful foreclosure and lack of standing. The court held that California law did not require possession … Continue reading
September 27, 2013 in 2009 | Permalink | No Comments
California Court Held That State Law Did Not Require Possession of the Note as a Precondition for Initiating a Foreclosure Sale
The Los Angeles County Superior Court in deciding Linares, et al. v. JLM Corporation, et al., No. YC060372 (2009), after considering the plaintiff’s contentions, rejected them in favor of the defendant’s argument. In accepting the defense’s argument, the court held … Continue reading
September 27, 2013 in 2009 | Permalink | No Comments