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

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

In Tapia v. U.S Bank, N.A., 718 F. Supp. 2d 689 (E.D. Va. 2010) aff’d, 441 F. App’x 166 (4th Cir. 2011), the Court granted all of Defendants’ motions to dismiss. The Judge held that declaratory judgment that the foreclosure proceeding was deficient was inappropriate given that the foreclosure had already taken place. MERS was held… Read more »

Federal District Court in Virginia Rules for Lender/MERS in Foreclosure Case

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

In Merino v. EMC Mortgage Corporation, et. al., CIV.A 1:09-CV-1121, 2010 WL 1039842 (E.D. Va. Mar. 19, 2010), Plaintiff Homeowners executed two notes, and after defaulting filed suit alleging claims under the Fair Debt Collection Practices Act, claims for declaratory judgment, and quiet title. Plaintiffs challenged the authority of the various Defendants to enforce the… Read more »

Federal District Court in Virginia Rules for Lenders/MERS in Foreclosure Case

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

In Ramirez Alvarez v. Aurora Loan Services, 01:09CV1306, 2010 WL 2934473 (E.D. Va. July 21, 2010), Plaintiffs purchased the property at issue by executing two promissory notes and two deeds of trust. Defendant was the holder of the first promissory note of  $436,000. Plaintiffs became delinquent in their mortgage payments and after MERS appointed a… Read more »