Monthly Archives: December 2012
Federal Bankruptcy Court in Idaho Rules that MERS was not a Party in Interest and Lacked Standing to Bring Motion for Stay of Relief
December 2, 2012
by Rafe Serouya
In In re Sheridan, 08-20381-TLM, 2009 WL 631355 (Bankr. D. Idaho Mar. 12, 2009), the Idaho Bankruptcy court held that a party making a motion for stay of relief must be a party in interest. This was defined to mean … Continue reading
Read MoreFederal District Court in Idaho Rules for Bank, MERS, et al. in Finding Trustee was Properly Appointed
by Rafe Serouya
In Van Kirk v. Bank of America, 1:11-CV-00621-BLW-RE, 2012 WL 4524457 (D. Idaho Oct. 1, 2012), the District Court in Idaho agreed with the magistrate judge that, as a valid beneficiary, MERS properly assigned its interest in the deed of trust to … Continue reading
Read MoreFederal District Court in Idaho Rules Bank has Standing in Foreclosure Case
by Rafe Serouya
In Purdy v. Bank of America, No. 1:11-CV-00640-EJL-REB (D. Idaho Sept. 26, 2012), in granting Bank of America’s motions to dismiss, the Federal District Court in Idaho agreed with the magistrate judge that the securitization of a note does not … Continue reading
Read MoreFederal District Court in Idaho Rules for Bank, MERS, et al., Regarding Quiet Title Dispute
by Rafe Serouya
In Gilbert v. Bank of America N.A., No. 1:11-cv-00272-BLW (D. Idaho Sept. 15, 2011), the Idaho District Court granted defendant banks’ motion to dismiss, explaining that the plaintiff homeowner cannot bring a quiet title action without first tendering payment on … Continue reading
Read MoreIdaho Supreme Court Rules for Bank, MERS, et al., Regarding Foreclosure Proceedings under Deed of Trust
by Rafe Serouya
In Trotter v. Bank of New York Mellon, 152 Idaho 842, 275 P.3d 857 (2012), holding for the defendant bank, the Supreme Court of Idaho held that under the Idaho Deed of Trust Act, the foreclosure process is a non-judicial … Continue reading
Read MoreIdaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust
by Rafe Serouya
In Ralph v. MetLife, No. CV 2010-0200 (D. Idaho Aug. 10, 2011), in granting partial summary judgment for the plaintiff homeowner, the court found that the defendant bank lacked authority to maintain a non-judicial foreclosure since MERS did not have … Continue reading
Read More