May 2, 2014

Arizona’s Non-Judicial Foreclosure Statutes do not Require the Beneficiary to ‘Show the Note’ Before Commencing a Non-Judicial Foreclosure

By Ebube Okoli

The court in deciding Famili v. Wells Fargo Bank NA, 2013 U.S. Dist. (D. Ariz., 2013) reaffirmed the holding that “Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or ‘show the note’ before the trustee … Continue reading

March 7, 2014

Whitman on Servicer Lies

By David Reiss

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 … Continue reading

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March 7, 2014 in Arizona | Permalink | No Comments

February 5, 2014

Arizona’s “Unholy” Foreclosure Mess

By David Reiss

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 … Continue reading

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February 5, 2014 in Arizona | Permalink | No Comments

September 9, 2013

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

By Ebube Okoli

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 … Continue reading

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September 9, 2013 in Arizona | Permalink | No Comments

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

By Ebube Okoli

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 … Continue reading

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September 9, 2013 in Arizona | Permalink | No Comments

September 3, 2013

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

By Ebube Okoli

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 … Continue reading

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September 3, 2013 in Arizona | Permalink | No Comments

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

By Ebube Okoli

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 … Continue reading

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September 3, 2013 in Arizona | Permalink | No Comments