November 12, 2013
Eastern District of California Dismisses Plaintiff’s Action, Thus Upholding Decision That Possession of Original Note is Unnecessary
The United States District Court for the Eastern District of California in Candelo et al v. NDEX West, LLC et al., No. CV F 08-1916 LJO DLB (E.D.Cal. 2008) dismissed the plaintiff’s action. In dismissing the plaintiff’s claims, the court … Continue reading
November 12, 2013 in 2008 | Permalink | No Comments
August 22, 2013
Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws
The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading
August 22, 2013 in 2008 | Permalink | No Comments
June 12, 2013
Ohio Bankruptcy Court Rules in Favor of Wells Fargo: Failure to Properly Record Mortgage Assignment Does Not Invalidate Mortgage
In In re Williams, 395 B.R. 33 (Bankr. S.D. Ohio 2008), the Ohio Bankruptcy Court granted the defendant, Wells Fargo Bank, N.A.’s motion to dismiss the Plaintiff’s complaint, holding that mortgage assignments must be recorded under Ohio law, but that … Continue reading
June 12, 2013 in 2008 | Permalink | No Comments
April 12, 2013
Massachusetts Bankruptcy Court Denies Motion for Relief from Stay
In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading
April 12, 2013 in 2008 | Permalink | No Comments
March 12, 2013
Ohio Bankruptcy Court Holds that Incomprehensible Payment Histories Evidence Defective Procedures
In In re Cartier, No. 04-15754 (Bankr. N.D. Oh. June 18, 2008),the Bankruptcy court found that the payment history was incomprehensible and that procedures were not followed. There was an order on MERS, through an officer, to appear and show cause, … Continue reading
March 12, 2013 in 2008 | Permalink | No Comments
February 5, 2013
United States District Court in California Holds that MERS “Assignee” Lacked Standing Because no Evidence Showed MERS held the Note
In Saxon Mortg. Services, Inc. v. Hillery, C-08-4357EMC, 2008 WL 5170180 (N.D. Cal. Dec. 9, 2008), the United States District Court, in the Northern District of California granted Hillery’s motion to dismiss because Saxon Mortgage Services, Inc., lacked standing. Hillery obtained … Continue reading
February 5, 2013 in 2008 | Permalink | No Comments
