United States Court of Appeals, First Circuit, Remands Lower Court’s Decision by Ordering a Hearing With Reasonable Notice on the Whether the Injunction Should be Continued

Posted by & filed under 2013, Downstream litigation, Rhode Island.

After the decision handed down from Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) On appeal, the plaintiff-appellees in United States Court of Appeals, First Circuit, [(Fryzel, et. al. v. Mortgage Electronic Registration Systems, Inc., No. 12–1526 (D.Ri., 2013)] brought suit to prevent foreclosure or eviction, on the shared ground that ostensible assignments of their… Read more »

Rhode Island Court Rules That under State law, Only Parties to a Contract May Seek to Have Rights Declared Under a Contract

Posted by & filed under 2011, Downstream litigation, Foreclosures, MBS industry, MERS/Bank has standing, Rhode Island.

The Rhode Island court in deciding Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) decided that under Rhode Island law, only parties to a contract may seek to have rights declared under a contract. The court found that the plaintiff lacked standing to challenge the transfer of the promissory note or assignment of mortgage granted… Read more »

Court Holds That Mortgagor Lacks Standing to Challenge the Propriety of Mortgage Assignments Under Rhode Island Law

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

The Rhode Island magistrate judge in Cosajay v. Mortgage Electronic Registration Systems, Inc., C.A. No. 10-442-M (D.R.I. June 23, 2011) issued “Reports and Recommendations,” holding that according to Rhode Island law a mortgagor “lacks standing to challenge the propriety of mortgage assignments and the effect those assignments, if any, could have on the underlying obligation.”… Read more »

Rhode Island Superior Court Upholds MERS Assignment and Subsequent Foreclosure by Bank

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

In Cuevas v. The Bank of New York Mellon PC 2010-0553 (R.I. Sup. April 18, 2012), the court found in favor of Bank of New York Mellon in Cuevas’s action to quiet title and for lack of jurisdiction dismissed an appeal from the Sixth Division District Court ordering ejectment of the Cuevas. In 2005, Cuevas… Read more »

Rhode Island Superior Court Deems PennyMac Foreclosure Proper

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

In Rutter v. MERS, et al., C.A. No. PC 10-4756 (R.I. Super. March 12, 2012) the Rhode Island Superior Court held that PennyMac’s foreclosure sale was proper, as the court upheld Rhode Island case law supporting the validity of MERS’s assignments and subsequent foreclosures. In July 2007, the Rutters procured a loan with First National… Read more »

Rhode Island Superior Court Finds in Favor of MERS, Upholding Foreclosure by Deutsche

Posted by & filed under 2012, Downstream litigation, Rhode Island.

In O’Brien v. Mortgage Electronic Registration Systems KC 2009-1695 (R.I. Sup. June 4, 2012) the court found in favor of the defendants, MERS and Deutsche Bank. The court held that Rhode Island law allows for the assignment of a mortgage where a homeowner has executed a mortgage with explicit language providing the right to assign… Read more »

Rhode Island Superior Court Finds MERS has Standing and Assignment to Deutsche Bank Post-Foreclosure was Unchallengeable by Property Owners

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

In Deutsche Bank v. Falconer (R.I. Sup. May 1, 2012) three actions were consolidated into one opinion. Deutsche prevailed on its possession of property claim in the Sixth Division District Court and Falconer appealed the decision and also filed a separate claim to quiet title.  All claims are consolidated here since they hinge upon whether… Read more »