Minnesota Court Holds MERS Foreclosure Valid, Although Signatories on the Assignment Were Officers of More Than One Entity

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

The court in deciding Ostigaard v. Deutsche Bank National Trust Company et al., No. 0:10cv1557, (May 2, 2011) granted MERS as well as its codefendants’ motion to dismiss the complaint with prejudice. The court heavily relied on the holding from an earlier case [Jackson v. MERS]. The plaintiff made the allegation that the foreclosure was… Read more »

Minnesota District Court Dismisses Plaintiff’s Fraud Claims and Holds That MERS Had Legal Title and Authority to Foreclose

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

The Minnesota District Court in Allen v. Wilford & Geske et al.,No. 70-CV-10-29502 (D. Minn. May 9, 2011), after hearing the plaintiff’s contentions, dismissed his complaint for foreclosure fraud. The court held that MERS had legal title and authority to foreclose. By granting the defendants’ motion to dismiss, the court found that, “MERS was not… Read more »

Minnesota U.S. District Court Finds Homeowners’ Complaint Fails Procedurally and Sanctions Counsel for Frivolous Claims

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

In Blaylock v. Wells Fargo Bank No. 12-693, 2012 WL 2529197, (D. Minn 2012) the court found six individual property mortgage assignments and foreclosures proper, dismissing the quiet title actions on both procedural and substantive grounds.   The court also sanctioned the plaintiff’s attorney for his repeated frivolous claims. On procedural grounds the court dismissed the… Read more »

District of Minnesota Rules in Favor of CitiMortgage, Finding Foreclosure and Assignment of Mortgage Proper Despite Alleged Oral Modification of the Mortgage Prior to Assignment

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

In LaBrant v. MERS 870 F. Supp. 2d 671 (D. Minn. 2012) 0:11-cv-03029-JRT-LIB the court granted CitiMortgage’s motion to dismiss LaBrant’s claim.  LaBrant brought action against CitiMortgage to enforce an oral loan modification as a binding agreement and also sought to have the modification enforced under theories of promissory estoppel, misrepresentation, and unjust enrichment. LaBrant… Read more »

Minnesota District Court Denies Plaintiffs’ Quiet Title Claim Because of Default; Plaintiffs Fail to Sufficiently Allege Slander of Title Claim

Posted by & filed under 2012, Downstream litigation by date, Downstream litigation by state, Minnesota.

In Novak v. JP Morgan Chase Bank, CIV. 12-589 DSD/LIB, 2012 WL 3638513 (D. Minn. Aug. 23, 2012), the United States District Court of Minnesota granted the defendants’ motion to dismiss the plaintiffs’ claims. In the case at hand, each plaintiff executed a promissory note and mortgage of real property in Minnesota. Thereafter, each plaintiff… Read more »

Eighth Circuit Court of Appeals Holds that Bank, as Holder of legal Title, could Commence Foreclosure-by-Advertisement

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

In Stein v. Chase Home Fin., LLC, 662 F.3d 976 (8th Cir. 2011), The United States Court of Appeals, Eighth Circuit, held that the holder of legal title to a mortgage did not need to possess the corresponding promissory note before instituting non-judicial foreclosure by advertisement. In October 2006, Stein (mortgagor) refinanced his home. In… Read more »

Minnesota District Court Holds that a Mortgagee is not Required to Have an Interest in the Promissory Note in Order to Foreclose

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

In Butler v. Bank of Am., N.A., CIV. 11-461 DWF/TNL, 2011 WL 2728321 (D. Minn. July 13, 2011), Minnesota District Court denied the Butlers’ motion to remand and granted Bank of America, BAC Homes Loans Servicing, LP, and Peterson, Fram & Bergman, P.A. (PFB)’s motion to dismiss. The Butlers (homeowners) and “all others similarly situated” motioned… Read more »