February 12, 2013

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

By Rafe Serouya

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 … Continue reading

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February 12, 2013 in Virginia | Permalink | No Comments

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

By Rafe Serouya

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 … Continue reading

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February 12, 2013 in Virginia | Permalink | No Comments

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

By Rafe Serouya

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 … Continue reading

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February 12, 2013 in Virginia | Permalink | No Comments

Federal District Court in Virginia Rules for Bank/Lender Defendants in Foreclosure Case

By Rafe Serouya

In Horvath v. Bank of New York, 2010 WL 538039 (E.D. Va. Jan. 29, 2010) aff’d, 641 F.3d 617 (4th Cir. 2011), Plaintiff Homeowner defaulted on his loan and his was being foreclosed upon. Plaintiff filed complaint against the Bank … Continue reading

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February 12, 2013 in Virginia | Permalink | No Comments