September 26, 2013
California Court Finds that MERS Was Not Liable for Wrongful Foreclosure, Breach of Contract, and Breach of the Implied Covenants of Good Faith and Fair Dealing
The United States District Court for the Central District of California hearing Gaitan v. MERS, et al, 09-1009 (C.D. Cal. 2009) found that MERS had the right to initiate foreclosure proceedings. The court also found that MERS was not liable … Continue reading
September 26, 2013 in 2009 | Permalink | No Comments
California Court Rules That MERS Did Not Breach the Implied Covenant of Good Faith By Initiating Non-Judicial Foreclosure
The United States District Court for the Northern District of California in Winter v. Chevy Chase Bank, No. C 09-3187 SI (N.D. Cal. 2009) found that despite the plaintiff’s allegations, MERS had not committed negligence or breached the implied covenant … Continue reading
September 26, 2013 in 2009 | Permalink | No Comments
September 23, 2013
United States District Court for the Central District of California Finds hat MERS Was the Beneficiary and Entitled to Foreclose
The United States District Court for the Central District of California in Derakhshan v. MERS, No. SACV08-1185 AG (2009) found that MERS was the beneficiary and therefore entitled to foreclose. This case, like many others before this court, involved the … Continue reading
September 23, 2013 in 2009 | Permalink | No Comments
September 21, 2013
Court Rules That When MERS Assigned its Interest, it Did Not Commit Negligence Against the Borrower
The United States District Court of the Eastern District of California in deciding Baisa v. Indymac, MERS, et al, No. Civ. 2:09-1464 (E.D. Cal. 2009), found that MERS had the right to execute an assignment of the deed of trust … Continue reading
September 21, 2013 in 2009 | Permalink | No Comments
Court Rules That MERS, as the Beneficiary on the Deed of Trust, Had the Authority to Make a Substitution of Trustee
The United States District Court of the Northern District of California in deciding Lomboy v. SCME Mortgage Bankers, Inc. et al, No. C-09-1160 SC (N.D. Cal. 2009) held that under California law, MERS was not required to register to do … Continue reading
September 21, 2013 in 2009 | Permalink | No Comments
September 20, 2013
The United States District Court for the Eastern District of California Finds That MERS Was the Beneficiary and Did Not Breach Duty of Care
The United States District Court for the Eastern District of California in deciding Knowledge Hardy v. IndyMac Federal Bank, et al, No. CV F 09-935 (E.D. Cal. 2009) found that MERS was the beneficiary and did not breach a duty … Continue reading
September 20, 2013 in 2009 | Permalink | No Comments
September 13, 2013
Arkansas Court Denies MERS’ Motion to Set a Decree of Foreclosure
The Arkansas court in MERS v. Southwest Homes of Arkansas, 301 S.W.3d 1 (2009) denied MERS’ motion to set a decree of foreclosure, therein affirming the decision from the lower court. As the record beneficiary of the deed of trust, … Continue reading
September 13, 2013 in 2009 | Permalink | No Comments