Monthly Archives: April 2013
United States District Court of California Rejects Wrongful Foreclosure Claim
April 12, 2013
by Gloria Liu
In Saldate v. Wilshire Credit Corp. 711 F.Supp.2d 1126 (CA E.D. 2010), the court granted motion to dismiss and held that non-judicial foreclosure was not “debt collection” subject to California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA); loan servicer did … Continue reading
Read MoreUnited States Western District Court Rejected Claim that MERS is not a Beneficiary
by Gloria Liu
In Cebrun v. HSBC Bank USA, N.A., No. C10-5742-BHS, 2011 WL 321992 (W.D. Wash. Feb. 2, 2011), the court rejected homeowner’s claims “regarding MERS not being a beneficiary under the security instrument.” The Court considered that plaintiffs had signed a … Continue reading
Read MoreDistrict Court of Oklahoma Upholds MERS’ Standing
by Gloria Liu
MERS v. William C. Warden, CJ-2005-7027, District Court of Oklahoma City (Mar. 3, 2006), the court refused to vacate a judgment of foreclosure and concluded that plaintiff’s argument that MERS lacked standing to pursue was without merit.
Read MoreSouthern District Court of Texas Dismissed Complaint that MERS Lacked Standing
by Gloria Liu
In Maxwell v. Chase Home Finance, No. H-09-4038, 2011 WL 181345 (S.D. Tex. Jan. 19, 2011), the court dismissed homeowner’s “cookie cutter” complaint that MERS lacked standing to sue. Maxwell, the homeowner, alleged (1) that Chase Home Finance violated these … Continue reading
Read MoreTexas Court of Appeals Upholds MERS’ Authority to Conduct a Non-Judicial Foreclosure
by Gloria Liu
In Athey v. MERS, 314 S.W.3d 161 (Tex. Ct. App. 2010), the appellate court affirmed trial court’s grant of summary judgment to MERS, holding that MERS was the beneficiary of the deed of trust and, therefore, had authority to conduct a … Continue reading
Read MoreTexas Court of Appeals Holds that MERS has Standing
by Gloria Liu
Hunt v. MERS, No. 03-10-00031-CV, 2010 WL 3271966 (Tex. Ct. App. Aug. 20, 2010), the court rejected the homeowner’s argument that MERS lacked standing. The court found that the homeowner did not present any arguments or authorities addressed to the … Continue reading
Read MoreOn Fairy Tales for the Subprime Era
by David Reiss
Practicum has posted my short article, The Emperor’s New Loans: A Cautionary Tale from the Subprime Era, today. It begins A body of folk tales from the subprime mortgage era is now being written. Some are in PowerPoint. Some are … Continue reading
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