November 13, 2013

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

By Karume James

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 … Continue reading

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November 13, 2013 in 2010 | Permalink | No Comments

November 7, 2013

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

By Ebube Okoli

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 … Continue reading

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November 7, 2013 in 2010 | Permalink | No Comments

October 27, 2013

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

By Ebube Okoli

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 … Continue reading

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October 27, 2013 in 2010 | Permalink | No Comments

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

By Ebube Okoli

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 … Continue reading

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October 27, 2013 in 2010 | Permalink | No Comments

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

By Ebube Okoli

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 … Continue reading

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October 27, 2013 in 2010 | Permalink | No Comments

October 15, 2013

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

By Ebube Okoli

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 … Continue reading

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October 15, 2013 in 2010 | Permalink | No Comments

October 3, 2013

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

By Ebube Okoli

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 … Continue reading

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October 3, 2013 in 2010 | Permalink | No Comments