Whitman on Servicer Lies

Posted by & filed under Arizona, Downstream litigation by date.

Professor Dale Whitman posted a commentary on Quintana v. Bank of America, No. CV 11–2301–PHX, 2014 WL 690906 (D.Ariz. Feb. 24, 2014) (not reported in F.Supp.2d) on the Dirt listserv: Synopsis: A borrowers who is “jerked around” by a mortgage servicer may have claims in fraud or on other theories. Karoly Quintana’s home mortgage loan… Read more »

Arizona’s “Unholy” Foreclosure Mess

Posted by & filed under 2014, Arizona.

Professor Dale Whitman posted a commentary about Steinberger v. McVey ex rel. County of Maricopa, 2014 WL 333575 (Ariz. Court of Appeals, Jan. 30, 2014) on the Dirt listserv: A defaulting borrower may defend against foreclosure on ground that the chain of assignments of the deed of trust is defective, and also on a variety of other… Read more »

Arizona Court Grants Summary Judgment in Favor of MERS in Show Me the Note Claim

Posted by & filed under 2010, Arizona, Downstream litigation, Equity, Foreclosures, MBS industry, MERS/Bank has standing, Note ownership litigation.

The Arizona court in deciding the case of Sparlin v. BAC Home Loans Servicing, CA-CV-2010-0173 (Ct. Ap. AzDiv. 2, 2011), had to consider arguments based on the theory of ‘show me the note.’ Sparlin had appealed the lower court decision to grant summary judgment to MERS. Upon reconsideration, the court affirmed the lower court decision… Read more »

Arizona Court Affirms a Lower Court Decision That Possession of Note Was Not Needed for a Party to Initiate a Non-Judicial Foreclosure

Posted by & filed under 2010, Arizona, Downstream litigation, Equity, Foreclosures, MBS industry, MERS/Bank has standing, Note ownership litigation.

The Arizona court in Maxa v. Countrywide Loans, Inc., 2010 WL 2836958 (D. Ariz. 2010) affirmed a lower court decision that possession of the note was not needed for a party to initiate a non-judicial foreclosure. The court also affirmed that MERS had the authority under the deed of trust to commence foreclosure. The court… Read more »

Arizona Court Rejects Plaintiff’s Argument That MERS Lacked Authority to Foreclose

Posted by & filed under 2010, Arizona, Downstream litigation, Equity, MBS industry, MERS/Bank has standing, Note ownership litigation.

The Arizona court in Kane v. Bosco, No. 10-CV-01787-PHX-JAT, 2010 WL 4879177 (D.Ariz. 2010), after considering the plaintiffs contentions that MERS lacked the power to assign mortgages, proceeded to reject those arguments. In making such a rejection, the court held that MERS could assign mortgages. Contrary to plaintiffs‘ allegations, the court failed to see how… Read more »

Arizona Court Dismisses Plaintiff’s Show-Me-The-Note Claim in Its Entirety

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

The Arizona Court that decided AOM Group LLC et al v. Mortgage IT, Inc. et al., No. CV 09-2639-PHX-SRB (D.Ariz.)(2010) held that the plaintiff’s ‘show me the note’ argument was lacking in merit. The plaintiff brought an action that challenged the validity of completed trustee sale. The plaintiff made several allegations, one of which was… Read more »

The United States District Court for the District of Arizona Reasons That the Plaintiff Agreed to Empower MERS to Foreclose

Posted by & filed under 2009, Arizona, Downstream litigation, Equity, Foreclosures, MBS industry.

The United States District Court for the District of Arizona, in Silvas v. GMAC Mortgage, LLC, et al., cv00265 (AZ Dist., 2009), reaffirmed MERS’ standing as the beneficiary of a deed of trust. In the present case, the plaintiff brought a host of claims against the defendant. One such claim included conspiracy to commit fraud… Read more »