September 27, 2013
United States District Court Dismisses Plaintiff’s Contentions Against MERS, Alleging Wrongful Foreclosure and Unfair Business Practices
The United States District Court for the Northern District of California in deciding Pantoja v. Countrywide Home Loans, et al. 5:09cv016015 (N.D. Cal., 2009) affirmed MERS’ authority to foreclose. MERS’ ability to foreclose was again affirmed in this case, contrary … Continue reading
September 27, 2013 in California | Permalink | No Comments
California Court Rules That State Law Did Not Require Possession of the Promissory Note in Order to Initiate a Non-Judicial Foreclosure
The Eastern District of California in deciding Chilton v. Federal National Mortgage Association, No. 1:09; 2187 (E.D. Cal., 2010) dismissed the plaintiff’s complaint claiming wrongful foreclosure and lack of standing. The court held that California law did not require possession … Continue reading
September 27, 2013 in California | Permalink | No Comments
California Court Held That State Law Did Not Require Possession of the Note as a Precondition for Initiating a Foreclosure Sale
The Los Angeles County Superior Court in deciding Linares, et al. v. JLM Corporation, et al., No. YC060372 (2009), after considering the plaintiff’s contentions, rejected them in favor of the defendant’s argument. In accepting the defense’s argument, the court held … Continue reading
September 27, 2013 in California | Permalink | No Comments
September 26, 2013
California Court Finds that MERS Was Not Liable for Wrongful Foreclosure, Breach of Contract, and Breach of the Implied Covenants of Good Faith and Fair Dealing
The United States District Court for the Central District of California hearing Gaitan v. MERS, et al, 09-1009 (C.D. Cal. 2009) found that MERS had the right to initiate foreclosure proceedings. The court also found that MERS was not liable … Continue reading
September 26, 2013 in California | Permalink | No Comments
California Court Rules That MERS Did Not Breach the Implied Covenant of Good Faith By Initiating Non-Judicial Foreclosure
The United States District Court for the Northern District of California in Winter v. Chevy Chase Bank, No. C 09-3187 SI (N.D. Cal. 2009) found that despite the plaintiff’s allegations, MERS had not committed negligence or breached the implied covenant … Continue reading
September 26, 2013 in California | Permalink | No Comments
September 23, 2013
United States District Court for the Central District of California Finds hat MERS Was the Beneficiary and Entitled to Foreclose
The United States District Court for the Central District of California in Derakhshan v. MERS, No. SACV08-1185 AG (2009) found that MERS was the beneficiary and therefore entitled to foreclose. This case, like many others before this court, involved the … Continue reading
September 23, 2013 in California | Permalink | No Comments
September 21, 2013
Court Rules That When MERS Assigned its Interest, it Did Not Commit Negligence Against the Borrower
The United States District Court of the Eastern District of California in deciding Baisa v. Indymac, MERS, et al, No. Civ. 2:09-1464 (E.D. Cal. 2009), found that MERS had the right to execute an assignment of the deed of trust … Continue reading
September 21, 2013 in California | Permalink | No Comments