Court Finds that Bank was Entitled to Enforce the Instrument Under R.C. 1303.31

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, MBS industry, MERS/Bank has standing, MERS/Bank lacks standing, Note ownership litigation, Ohio.

The court in deciding M & T Bank v. Strawn, 2013-Ohio-5845 (Ohio Ct. App., Trumbull County 2013) affirmed the lower court’s decision and found that appellant’s argument was without merit. Appellant framed three issues for this court’s review. First, appellant contended that the trial court erred in relying upon the affidavit of Mr. Fisher to… Read more »

Minnesota Court Rejects Tweaked Version of Show-Me-the-Note Claim

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, MBS industry, MERS/Bank has standing, MERS/Bank lacks standing, Minnesota, Note ownership litigation.

The court in deciding Mutua v. Deutsche Bank Nat’l Trust Co., 2013 Minn. Dist. 65 (Minn. Dist. Ct. 2013) found that since the defendant had a valid legal title to plaintiffs’ mortgage. Plaintiffs had failed to state a claim against either defendant and their respective motions to dismiss are granted. This Court reasoned that there… Read more »

Washington Court Dismisses Fair Debt Collection Practices Act and Washington Deed of Trust Act Violation Claims

Posted by & filed under 2014, Bankruptcy litigation, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation commentary, Equity, MERS/Bank has standing, MERS/Bank lacks standing, Note ownership litigation, Washington.

The court in deciding Dietz v. Quality Loan Serv. Corp., 2014 U.S. Dist. (W.D. Wash. Jan. 3, 2014) granted Wells Fargo and MERS’ motion to dismiss. This action involved is a post-sale wrongful foreclosure case. Plaintiff Timothy Dietz alleged causes of action for violation of the Fair Debt Collection Practices Act (FDCPA)(Counts I and IV)… Read more »

Ohio Court of Appeals Finds that BAC had Failed to Demonstrate that it had Standing to Accelerate the Note and Foreclose the Mortgage

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation media coverage, MERS/Bank has standing, MERS/Bank lacks standing, Note ownership litigation, Ohio.

The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s judgment. Appellant Walter J. Blythe appealed the lower court’s decision granting summary judgment in favor of Appellee, BAC Home Loans Servicing, L.P., in this foreclosure action. Blythe challenged the lower court’s finding that… Read more »

Hawaiian Court Finds That Foreclosure was Permissible on 1250 Oceanside

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation commentary, Downstream litigation media coverage, Equity, Foreclosures, Hawaii, MBS industry, MERS/Bank has standing, MERS/Bank lacks standing.

The court in deciding In re 1250 Oceanside Partners, (Bankr. D. Haw., 2013) ultimately came to the conclusion that Oceanside was entitled to foreclose. The debtor in possession, 1250 Oceanside (Oceanside), sought to enforce a promissory note and foreclose a mortgage made by defendants Lawrence Shaw and Lisa Shaw (the Shaws). The other defendants claimed… Read more »

Appeals of Michigan Dismisses Fraud and Improper Assignment Claims

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, MERS/Bank has standing, MERS/Bank lacks standing, Michigan.

The court in deciding Bank of N.Y. Mellon Trust Co. Nat’l Ass’n v. Robinson, 2013 Mich. App. (Mich. Ct. App. 2013) ultimately dismissed the Robinson’s claims, therein affirming the decision from the lower court. The Robinsons raised two issues. First, the Robinsons argued that MERS, through its predecessor, committed fraud in the execution of the… Read more »