REFinBlog

Editor: David Reiss
Brooklyn Law School

April 15, 2013

6th Circuit Upholds Foreclosure by Lender Under Michigan Law

By David Reiss

The 6th Circuit upheld a foreclosure under Michigan law in Conlin v. MERS et al., (Case No. 12-2021, April 10, 2013).  Plaintiff Conlin sought to have the foreclosure sale of his property “set aside based on alleged defects in the … Continue reading

April 12, 2013

Massachusetts Bankruptcy Court Denies Motion for Relief from Stay

By Gloria Liu

In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading

April 10, 2013

Can’t Stand It, Just Show Me The Note

By David Reiss

The federal District Court for Massachusetts issued a Memorandum and Order in Ross v. Deutsche Bank National Trust Company that has two interesting aspects. First, it follows the 1st Circuit’s recently decided Culhane. Second, it reaffirms that “show me the … Continue reading

April 9, 2013

Massachusetts Appellate Court Upholds MERS’ Authority to Assign Mortgage

By Gloria Liu

In Bassilla v. GMAC Mortgage, et al., No. 09-J-519 (Mass. App. Ct. Dec. 4, 2009), Court upheld MERS’ authority to assign the mortgage as the mortgagee. Such authority to assign its mortgage interest was held to exist despite the fact … Continue reading

April 5, 2013

Massachusetts Bankruptcy Court Holds that Mortgagee has Standing to Request Relief from Stay Because Homeowner Lacked Equity in his Property

By Robert Huberman

In In re Lopez, 446 B.R. 12 (Bankr. D. Mass. 2011), the court granted Mortgagee’s Motion for Relief . On October 28, 2004, Henry Lopez—the Debtor—executed a note in the amount of $360,000 to Shelter Mortgage Company, LLC. To secure … Continue reading

February 25, 2013

Massachusetts District Court Holds that MERS, as Mortgagee and Nominee for Lender, has Authority to Assign Mortgage

By Michael Liptrot

The court in Rosa v. Mortg. Elec. Sys., Inc., 821 F. Supp. 2d 423 (D. Mass. 2011) held that the assignee bank had standing to foreclose on the homeowners. The homeowners argued that the bank did not have standing because … Continue reading

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February 25, 2013 in Massachusetts | Permalink | No Comments

February 19, 2013

1st Circuit Holds that MA Borrowers Can Challenge Mortgage Assignments

By David Reiss

A First Circuit panel (including Justice Souter) ruled that under Massachusetts law, “a mortgagor has standing to challenge a mortgage assignment as invalid, ineffective, or void (if, say, the assignor had nothing to assign or had no authority to make … Continue reading

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February 19, 2013 in Massachusetts | Permalink | No Comments