December 4, 2013
Levitin on the Uncertainty of Mortgage Title
Adam Levitin has posted The Paper Chase: Securitization, Foreclosure, and the Uncertainty of Mortgage Title to SSRN. This paper adds to a small (here and here, for instance), but important body of literature that seeks to harmonize the application of … Continue reading
December 4, 2013 in Downstream litigation commentary | Permalink | No Comments
November 13, 2013
Massachusetts Land Court Finds Defendant Was Not Entitled to Service Member Relief Act
The Massachusetts Land Court in deciding Suntrust Mortg., Inc. v. Forsberg, 2013 Mass. LCR LEXIS 159 (Mass. Land Ct. 2013) found that defendant (Alfred Forsberg) was not entitled to the protection of the Servicemembers Civil Relief Act, 50 U.S.C. §§ … Continue reading
November 13, 2013 in Downstream litigation commentary | Permalink | No Comments
November 7, 2013
Washington Court Dismisses Plaintiff’s Truth in Lending Act (TILA) Complaint
The court in deciding Pruss v. Bank of Am. Na, 2013 U.S. Dist. LEXIS 157286 (W.D. Wash. Nov. 1, 2013) found that the plaintiff’s claims were barred by time and or otherwise inadequately pleaded. Therefore, the court granted the defendants’ … Continue reading
November 7, 2013 in Downstream litigation commentary | Permalink | No Comments
Eastern District of California Finds That MERS Was Not Required to Register to do Business in California
The Eastern District of California in deciding Bogdan v. Countrywide Home Loans, CIV-F-09-1055 AWI SMS (E.D. Cal. 2010), found that MERS was not required to register to do business in California. Based off of this finding the court subsequently dismissed … Continue reading
November 7, 2013 in Downstream litigation commentary | Permalink | No Comments
October 9, 2013
Enforcing The Mortgage Note
Elizabeth Renuart has posted Uneasy Intersections: The Right to Foreclose and the UCC to SSRN. This is a subject that Brad and I have touched on a bit in the context of the Show Me The Note! defense, but Renuart … Continue reading
October 9, 2013 in Downstream litigation commentary | Permalink | No Comments
September 19, 2013
Court Holds MERS’ Previous Business Activities Prior to Proper Registration in California Did Not Render its Foreclosing Illegal
The court in Perlas et al v. MERS, No. C 09-4500 (N.D.Cal. 2010) held that MERS’ previous business activities prior to becoming registered to do business in California did not render its foreclosing activities illegal. Despite the plaintiff’s arguments to … Continue reading
September 19, 2013 in Downstream litigation commentary | Permalink | No Comments
September 18, 2013
Show Me The Note, NY Style
Steiner, Goldstein & Sohn published a short article in the New York Law Journal, Clearing The Confusion: Misplaced Notes and Allonges (Sept. 18, 2012) (behind a paywall). While intended to address commercial real estate finance, it relies on an interesting … Continue reading
September 18, 2013 in Downstream litigation commentary | Permalink | No Comments