November 13, 2013

Nevada District Court Holds that MERS Has Power to Start Foreclosure Action on Behalf of Lender

By Karume James

The federal district court of Nevada in Smith v. Community Lending, 773 F.Supp.2d 941 (D.N.V. 2011), held that MERS properly started a foreclosure action on behalf of the lender, Community Lending, Inc., because it found that MERS acted within the scope of … Continue reading

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November 13, 2013 in 2011 | Permalink | No Comments

November 7, 2013

Central District of California Court Finds Plaintiff Lacks Standing as There Was No “Injury in Fact”

By Ebube Okoli

The United States District Court for the Central District of California in deciding Ellis v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 157173 (C.D. Cal. Oct. 28, 2013) concluded that plaintiff did not have standing to challenge defendants’ initiating … Continue reading

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November 7, 2013 in 2011 | Permalink | No Comments

October 15, 2013

Georgia District Court Holds Foreclosure May Be Wrongful Where Security Deed and Note Are “Split”

By Gloria Liu

In Morgan v. Ocwen Loan Servicing, LLC, No. 1:10-cv-3555-AT (N.D.Ga. July 7, 2011), homeowner obtained a residential mortgage loan memorialized by two documents: a promissory note and a security deed. The original grantee of the promissory note was Guaranteed Rate. The original grantee … Continue reading

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October 15, 2013 in 2011 | Permalink | No Comments

California Superior Court Upholds Language in Deed of Trust

By Gloria Liu

In Obst v. Fannie Mae, No. 171619 (Shasta Cty. Super. Ct. July 11, 2011), the court denied the homeowner’s claim and upheld the language in the Deed of Trust. The original lender was Mortgageit, Inc. with MERS listed as the … Continue reading

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October 15, 2013 in 2011 | Permalink | No Comments

October 9, 2013

Rhode Island Court Rules That under State law, Only Parties to a Contract May Seek to Have Rights Declared Under a Contract

By Ebube Okoli

The Rhode Island court in deciding Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) decided that under Rhode Island law, only parties to a contract may seek to have rights declared under a contract. The court found that the plaintiff … Continue reading

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October 9, 2013 in 2011 | Permalink | No Comments

October 3, 2013

Court Holds That Mortgagor Lacks Standing to Challenge the Propriety of Mortgage Assignments Under Rhode Island Law

By Ebube Okoli

The Rhode Island magistrate judge in Cosajay v. Mortgage Electronic Registration Systems, Inc., C.A. No. 10-442-M (D.R.I. June 23, 2011) issued “Reports and Recommendations,” holding that according to Rhode Island law a mortgagor “lacks standing to challenge the propriety of … Continue reading

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October 3, 2013 in 2011 | Permalink | No Comments

Texas Court Plaintiff’s Challenges the Authority of MERS to Assign its Lien Interest to a Successive Party

By Ebube Okoli

The Texas court in Eskridge v. Federal Home Loan Mortg. Corp., No. 6:10-CV-285, (W.D. Tex., 2011) dismissed Plaintiff’s claims to challenges the authority of MERS to assign its lien interest to a successive party. The plaintiff unsuccessfully argued that she … Continue reading

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October 3, 2013 in 2011 | Permalink | No Comments