May 2, 2014
New Jersey Court Finds that Plaintiff had Both Possession of the Original Note and Assignment
The court in deciding Assets Recovery 23, LLC v. Odoemene, 2013 N.J. Super. (App.Div., 2013) this court affirmed the ruling of the lower court that the plaintiff was permitted to foreclose. In this foreclosure matter, defendants Emmanuel C. Odoemene and … Continue reading
May 2, 2014 in MERS/Bank has standing | Permalink | No Comments
April 28, 2014
Texas Court Rejects Break-in-the-Chain Claim
The court in deciding Martinez v. Wilmington Trust Co., 2013 U.S. Dist., (W.D. Tex. 2013) found that plaintiffs’ petition failed to state a claim to which relief could be granted and dismissed the action. Plaintiffs argued that the 2005 assignment … Continue reading
April 28, 2014 in MERS/Bank has standing | Permalink | No Comments
April 17, 2014
Court Finds that Bank was Entitled to Enforce the Instrument Under R.C. 1303.31
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 … Continue reading
April 17, 2014 in MERS/Bank has standing | Permalink | No Comments
April 16, 2014
Minnesota Court Rejects Tweaked Version of Show-Me-the-Note Claim
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 … Continue reading
April 16, 2014 in MERS/Bank has standing | Permalink | No Comments
April 15, 2014
Open Season on Homeowners
A case coming out of California, Peng v. Chase Home Finance LLC et al., No. B245436 (California Courts of Appeal Second App. Dist., Div. 8, April 8th, 2014, has attracted a lot of attention in the blogosphere. This is particularly … Continue reading
April 15, 2014 in MERS/Bank has standing | Permalink | No Comments
April 4, 2014
Washington Court Dismisses Fair Debt Collection Practices Act and Washington Deed of Trust Act Violation Claims
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 … Continue reading
April 4, 2014 in MERS/Bank has standing | Permalink | No Comments
April 3, 2014
Ohio Court of Appeals Finds that BAC had Failed to Demonstrate that it had Standing to Accelerate the Note and Foreclose the Mortgage
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 … Continue reading
April 3, 2014 in MERS/Bank has standing | Permalink | No Comments
