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

Posted by & filed under 2009, Bankruptcy litigation, Downstream litigation, Idaho, MERS/Bank lacks standing.

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 note, or any transaction by which they acquired ownership of the notes in question. Movants… Read more »

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

Posted by & filed under 2011, Downstream litigation, Idaho, MERS/Bank has standing.

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 default. Plaintiff sought quiet title to the property, challenged the transfer of the loan ownership,… Read more »

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

Posted by & filed under 2012, Downstream litigation, Idaho, MERS/Bank has standing.

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 of the underlying note, is not required before a proceeding is initiated. Plaintiff Homeowners’ quiet… Read more »

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

Posted by & filed under 2012, Downstream litigation, Idaho, MERS/Bank has standing.

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 enjoin the foreclosure sale of his property on multiple grounds. The Court held that P… Read more »

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

Posted by & filed under 2012, Downstream litigation, Idaho, MERS/Bank has standing.

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’ contentions and conducted a de novo review of the record. The Court agreed with the… Read more »

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

Posted by & filed under 2009, Bankruptcy litigation, Downstream litigation, Downstream litigation by state, Idaho, MERS/Bank lacks standing.

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 that the motion must be brought by one who has a pecuniary interest in the… Read more »

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

Posted by & filed under 2012, Downstream litigation, Downstream litigation by state, Idaho, MERS/Bank has standing.

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 Bank of America, which, in turn, properly appointed Northwestern successor trustee. The court found that… Read more »