August 26, 2013
Hawaiin Court Rejects Plaintiff’s Allegations of Fraud Against MERS and Grants Summary Judgement
The court in Sakugawa v. MERS et al, D. Hawaii, 1:10-cv-00028 (Feb. 25, 2011) granted summary judgment in favor of MERS. Thus rejecting the plaintiff’s accusations for fraud and claims of state law violations regarding loan origination. The court also found that … Continue reading
August 26, 2013 in 2011 | Permalink | No Comments
August 20, 2013
Arizona Court Holds That MERS is the Beneficiary With the Authority to Foreclose
The court in Ciardi v. The Lending Company, Inc. et al., 2010 WL 2079735 (D. Ariz. 2010) held that that MERS is the beneficiary with the authority to foreclose. In doing so the court granted the defendant’s motion to dismiss … Continue reading
August 20, 2013 in 2011 | Permalink | No Comments
August 1, 2013
Nevada Supreme Court Holds a Bank’s Mere Possession of the Note and Deed of Trust is not Sufficient to Create an “Enforceable Interest”
In Leyva v. Nat’l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011) the court found in favor of Leyva that mere possession of the mortgage note does not create an “enforceable interest in the property subject of the mediation.” The … Continue reading
August 1, 2013 in 2011 | Permalink | No Comments
Nevada Supreme Court Holds Sanctions are Proper in Foreclosure Mediation when Bank Fails to Provide Either Documents Required by Statute or an Adequate Representative
In Pasillas v. HSBC Bank USA, 255 P.3d 1281 (Nev. 2011), the court held sanctions are appropriate when a bank 1) fails to provide documents required by statute at a mediation session or 2) fails to send a representative with … Continue reading
August 1, 2013 in 2011 | Permalink | No Comments
Arkansas Court Rules That MERS Did Not Violate the State’s Statutory Foreclosure Act
The court in Coley et al v. Accredited Home Lenders Inc et al (E.D. Ark. 2011) dismissed the homeowner-plaintiff’s claims against MERS pursuant to Federal Rules of Civil Procedure 12(b)(6). In granting MERS’ motion to dismiss the court considered, then … Continue reading
August 1, 2013 in 2011 | Permalink | No Comments
July 30, 2013
Nevada Court Finds MERS Lacked Standing to Bring Foreclosure Action as it Failed to Establish Itself as a Real Party in Interest and Failed to Provide Sufficient Evidence of it Authority
In MERS v. Chong, No. 09-661 (D. Nev. 2011) the court affirmed the order from the bankruptcy court holding that MERS lacked standing to bring an action. In the underlying bankruptcy action, MERS filed its motion for relief from stay, … Continue reading
July 30, 2013 in 2011 | Permalink | No Comments
Michigan District Court Holds That MERS Cannot Foreclose by Advertisement But Can Assign its Security Interest
In Knox v. Trott & Trott, No. 10-13175, Dist. Court, (Michigan 2011) the court denied the plaintiff’s motion for reconsideration under Rule 60(b)(3) and (4). Knox maintained that the court erred in rejecting his argument that the defendants lacked standing under … Continue reading
July 30, 2013 in 2011 | Permalink | No Comments