February 18, 2013

Idaho Bankruptcy Court Rules Banks/MERS Lacked Authority to Transfer Notes

By Rafe Serouya

In In re WIlhem, 407 B.R. 392 (Bankr. D. Idaho 2009), the Idaho Bankruptcy Court, ruling in 5 similar cases, held that movant banks lacked standing to seek stay relief, and therefore, denied their motions. Movants did not demonstrate possession of the … Continue reading

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February 18, 2013 in Idaho | Permalink | No Comments

February 11, 2013

Federal District Court in Idaho Rule for Banks/MERS in Foreclosure Case

By Rafe Serouya

In Washburn v. Bank of America, N.A., 1:11-CV-00193-EJL, 2011 WL 7053617 (D. Idaho Oct. 21, 2011), the Idaho District Court recommended that the Defendants’ Motion to Dismiss be granted. Plaintiff Homeowner had defaulted on her loan and received a notice of … Continue reading

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February 11, 2013 in Idaho | Permalink | No Comments

Federal District Court in Idaho Rules for Banks/MERS in Foreclosure Case

By Rafe Serouya

In Showell v. BAC Home Loans Servicing, L.P., 4:11-CV-00489-CWD, 2012 WL 4105472 (D. Idaho Sept. 17, 2012), the Court granted Defendants’ motions to dismiss. The Court once again held that since Idaho is a nonjudicial foreclosure state, standing, or proof of ownership … Continue reading

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February 11, 2013 in Idaho | Permalink | No Comments

Federal District Court in Idaho Grants Defendants (Bank et. al.) Motion to Dismiss in Foreclosure Case

By Rafe Serouya

In Cherian v. Countrywide Home Loans, 1:12-CV-00110-BLW, 2012 WL 2865979 (D. Idaho July 11, 2012), the Court granted Defendants’ motion to dismiss and denied Plaintiff Homeowner’s motion for a temporary restraining order and motion to amend his complaint. Plaintiff sought to … Continue reading

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February 11, 2013 in Idaho | Permalink | No Comments

Federal District Court in Idaho Rules for Bank on Various Claims and Dismisses Claim that MERS Was Not a Valid Beneficiary in Foreclosure Case

By Rafe Serouya

In Ohlsen v. Bank of America, 1:11-CV-00357-BLW, 2012 WL 4139530 (D. Idaho Sept. 18, 2012), Plaintiff Homeowners filed an objection challenging the Report and Recommendation of a Magistrate Judge that their complaint be dismissed. The Court here considered the Plaintiffs’ … Continue reading

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February 11, 2013 in Idaho | Permalink | No Comments

December 2, 2012

Federal Bankruptcy Court in Idaho Rules that MERS was not a Party in Interest and Lacked Standing to Bring Motion for Stay of Relief

By Rafe Serouya

In In re Sheridan, 08-20381-TLM, 2009 WL 631355 (Bankr. D. Idaho Mar. 12, 2009), the Idaho Bankruptcy court held that a party making a motion for stay of relief must be a party in interest. This was defined to mean … Continue reading

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December 2, 2012 in Idaho | Permalink | No Comments

Federal District Court in Idaho Rules for Bank, MERS, et al. in Finding Trustee was Properly Appointed

By Rafe Serouya

In Van Kirk v. Bank of America, 1:11-CV-00621-BLW-RE, 2012 WL 4524457 (D. Idaho Oct. 1, 2012), the District Court in Idaho agreed with the magistrate judge that, as a valid beneficiary, MERS properly assigned its interest in the deed of trust to … Continue reading

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December 2, 2012 in Idaho | Permalink | No Comments