Indiana Court of Appeals Holds HSBC Assignment Valid Despite Blank and Undated Allonge

Posted by & filed under 2013, Downstream litigation, Foreclosures, Indiana, MERS/Bank has standing, Note ownership litigation.

In Buchanan v. HSBC Mortg. Servs., 993 N.E.2d 275, 2013 Ind. App. LEXIS 404, 2013 WL 4507932 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that HSBC had the right to foreclose on the homeowners’ mortgage, dismissing homeowners’ allegations that the HSBC assignment was unauthorized. The Buchanans procured a loan from Accredited Mortgage… Read more »

Bates Fails to Shake MERS’ Standing in Indiana Superior Court

Posted by & filed under 2012, Downstream litigation, Indiana.

In Bates v. MERS, et al., 49D12-0911-CT-051734 (June 22, 2012) Bates filed suit against MERS and several lenders in the mortgage industry on behalf of all counties in Indiana, alleging that the MERS system is an attempt to falsify records to avoid paying recording fees. The Marion Superior Court dismissed Bates’s complaint for lack of… Read more »

Indiana Supreme Court Allows Citimortgage to Intervene in ReCasa’s Foreclosure Proceeding

Posted by & filed under 2012, Downstream litigation, Foreclosures, Indiana.

In Citi v. Barnabas, 975 N.E.2d 805 (Ind. 2012), the Indiana Supreme Court held that Citimortgage had a right to intervene in ReCasa’s foreclosure proceeding and sale since Citi held a first mortgage on the property, reversing the decision of the Court of Appeals and trial court. The homeowner, Barnabas, granted a first mortgage on… Read more »

Indiana Superior Court Upholds MERS’ Right to Assign

Posted by & filed under 2010, Downstream litigation by date, Indiana, MERS/Bank has standing.

The Bank of New York Mellon v. Michael R. Green, Case No. 41D01-0901-MF-00027, Johnston Superior Court (Sept. 20, 2010), held that Bank of New York Mellon‘s mortgage is enforceable and that MERS as the mortgagee, had the right to assign the mortgage. Additionally, the court found that there is no disconnection between the note and… Read more »