Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners

Posted by & filed under 2010, Downstream litigation, Downstream litigation by date, Foreclosures, Kansas, MERS/Bank lacks standing.

The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is only an agent for the holder of the actual mortgage, Countrywide Home Loans Inc., in… Read more »

Eastern District of California Finds That MERS Was Not Required to Register to do Business in California

Posted by & filed under 2010, California, Downstream litigation, Downstream litigation by date, Downstream litigation commentary, Foreclosures, MBS industry.

The Eastern District of California in deciding Bogdan v. Countrywide Home Loans, CIV-F-09-1055 AWI SMS (E.D. Cal. 2010), found that MERS was not required to register to do business in California. Based off of this finding the court subsequently dismissed fraud and unfair competition claims against MERS. Plaintiff brought a litany of claims; (1) violation… Read more »

California Northern District Court Dismissed Plaintiff’s Claims Due to Flawed Reliance on Non-California Law

Posted by & filed under 2010, California, Downstream litigation, Downstream litigation by date, Equity, Foreclosures, MBS industry, MERS/Bank has standing.

The California Northern District Court in deciding Newbeck v. Washington Mutual Bank, et al., No. C 09-1599 CW (N.D. Cal., 2010), dismissed the plaintiff’s claims. In reaching this conclusion, the California Northern District Court noted that plaintiff‘s reliance on non-California law was flawed. The court further noted that the plaintiff, in using non-California law to… Read more »

Eastern District of California Found That MERS Was Not Required to Register to do Business in California

Posted by & filed under 2010, California, Downstream litigation, Downstream litigation by date, MERS/Bank has standing.

The United States District Court, Eastern District of California, in deciding Bogdan v. Countrywide Home Loans, 09-1055 (E.D. Cal. 2010), found that MERS was not required to register to do business in California. The Eastern District of California, after considering the plaintiff’s contentions, also dismissed the plaintiff’s fraud and unfair competition claims against MERS.

Eastern District of California Dismisses Plaintiff’s Wrongful Foreclosure Claims Due to Plaintiffs’ Lack of Tender

Posted by & filed under 2010, California, Downstream litigation, Downstream litigation by date, Equity, Foreclosures, MBS industry.

The United States District Court, Eastern District of California in deciding the case of Small v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:09-CV-0458 (E. D. Cal., 2010), concluded that dismissing the plaintiff’s wrongful foreclosure claims due to lack of tender by the plaintiffs was appropriate. Plaintiffs filed their foreclosure action, naming three entities… Read more »

California Eastern District Court Notes There is no Requirement for the Production of the Original Note to Initiate a Non-Judicial Foreclosure Sale Under California Law

Posted by & filed under 2010, California, Downstream litigation, Downstream litigation by state, Equity, Foreclosures, MERS/Bank has standing.

The California Eastern District Court in Castaneda et al v. Saxon Mortgage Services, Inc. et al., No. 2:2009cv01124 (E.D. Cal. 2010) dismissed the plaintiff’s claim alleging wrongful foreclosure due to foreclosing party’s lack of note. Plaintiffs Cesar and Suzzanne Castaneda filed this action against defendants Saxon Mortgage Services, Inc., plaintiffs’ action purported to state a… Read more »

Washington Court Rejects Plaintiff’s Claims That MERS’ Assignment was Fraudulent

Posted by & filed under 2010, Downstream litigation, Downstream litigation by state, Foreclosures, MERS/Bank has standing, Washington.

The Washington court in Bain v. Metropolitan Mortgage Group, Inc., 2010WL891585 (W.D. Wash. Dist. Ct., March2010), rejected the plaintiff’s contentions that an assignment by MERS was executed fraudulently. The plaintiff based his claims around the execution of a mortgage assignment by a person designated as an officer of MERS, but who was not also a… Read more »