Monthly Archives: March 2013
District Court of Arizona Grants Lender’s Motion to Dismiss in Part, Denying Relief Only on Homeowners’ Quiet Title Claim
March 26, 2013
by Joseph Kelly
In Higton v. Quicken Loans, Inc., 2:10-CV-01320 JWS, 2011 WL 333357 (D. Ariz. Jan. 31, 2011) the court granted defendant, Quicken Loans, Inc.’s (“Quicken”), motion to dismiss for failure to state a claim in part and denied relief in part. … Continue reading
Read MoreDistrict Court of Illinois Grants Ocwen Loan Servicing’s Motion for Summary Judgment, Finding MERS had Authority to Assign Mortgage & Note
by Joseph Kelly
In Ocwen Loan Servicing LLC v. Kroening, 10 C 4692, 2011 WL 5130357 (N.D. Ill. Oct. 28, 2011), the District Court for the Northern District of Illinois granted Ocwen Loan Servicing’s motion for summary judgment to foreclosure. Defendant/homeowner, Victoria Kroening … Continue reading
Read MoreKentucky Counties Sue MERS and Banks for Recording Fees
by Brad Borden
In Boyd County, et al. v. MERSCORP, Inc., 0:12-cv-00033-HRW (Apr. 19, 2012) several counties in Kentucky brought a lawsuit against MERS and several Banks for lost recording fees. On August 7, 2012, the U.S. District Court for the Eastern District of … Continue reading
Read MoreKentucky Attorney General Sues MERS for Recording Fees
by Brad Borden
In Commonwealth of Kentucky v. MERS Holdings, Inc., L3-CI-00060 (Jan. 23, 2013), the Kentucky attorney general filed a lawsuit against MERS seeking recording fees, claiming that it wrongfully held itself out as mortgagee on recorded mortgages, deceptively failed to record … Continue reading
Read MoreBuilding a Model for Housing Finance
March 25, 2013
by David Reiss
Following up on Friday’s post, I want to discuss Chambers, Garriga and Schlagenhauf’s draft that they recently posted to SSRN (free here). It presents some interesting historical analogies to the issues we face as we attempt to chart a new … Continue reading
Read MoreDistrict Court of Arizona Finds MERS has Authority to Transfer a Lender’s Interest Under a Deed of Trust, Denies Plaintiffs’ Request for a Temporary Restraining Order
March 23, 2013
by Joseph Kelly
In Jones v. Wells Fargo Bank, CV11-0197-PHX-DGC, 2011 WL 683887 (D. Ariz. Feb. 18, 2011) reconsideration denied, CV11-0197-PHX-DGC, 2011 WL 767302 (D. Ariz. Mar. 1, 2011) the District Court of Arizona denied plaintiff/homeowners’ petition for a temporary restraining order, finding … Continue reading
Read MoreGoldilocks Homeownership
March 22, 2013
by David Reiss
It has only been since the housing bust have we had a serious conversation about how much homeownership is just the right amount. Mostly, the federal government (under both Democrats and Republicans) has pushed for more, more, more without regard … Continue reading
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