Monthly Archives: February 2013
The Michigan District Court holds that MERS has Standing to Initiate a Foreclosure by Advertisement
February 12, 2013
by Robert Huberman
In Matthews v. Mortgage Elec. Registration Sys., 10-CV-13740, 2011 WL 2563180 (E.D. Mich. June 28, 2011), the Michigan District Court, affirmed the Magistrate Judge’s determination that MERS had standing to foreclose on the Matthews’ property. Shelia and Eugene Matthews took … Continue reading
Read MoreFederal 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
Read MoreFederal 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
Read MoreFederal 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
Read MoreFederal 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
Read MoreMultnomah County Suing MERS and Big Banks
by Gloria Liu
Multnomah County in Oregon is suing MERS and 18 other co-defendants for $38 million. The co-defendants include Bank of America, JPMorgan Chase, CitiMortgage, HSBC, Wells Fargo and Oregon banks Bank of the Cascades, Lewis and Clark Bank and West Coast Bank. … Continue reading
Read MoreMore on The DoJ’s S&P Lawsuit
by David Reiss
Law360 interviewed me and others about the reliance on FIRREA in the Department of Justice’s complaint (story available here).
Read More
