November 13, 2013
Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners
The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is … Continue reading
November 13, 2013 in 2010 | Permalink | No Comments
November 7, 2013
Eastern District of California Finds That MERS Was Not Required to Register to do Business in California
The Eastern District of California in deciding Bogdan v. Countrywide Home Loans, CIV-F-09-1055 AWI SMS (E.D. Cal. 2010), found that MERS was not required to register to do business in California. Based off of this finding the court subsequently dismissed … Continue reading
November 7, 2013 in 2010 | Permalink | No Comments
October 27, 2013
California Northern District Court Dismissed Plaintiff’s Claims Due to Flawed Reliance on Non-California Law
The California Northern District Court in deciding Newbeck v. Washington Mutual Bank, et al., No. C 09-1599 CW (N.D. Cal., 2010), dismissed the plaintiff’s claims. In reaching this conclusion, the California Northern District Court noted that plaintiff‘s reliance on non-California … Continue reading
October 27, 2013 in 2010 | Permalink | No Comments
Eastern District of California Found That MERS Was Not Required to Register to do Business in California
The United States District Court, Eastern District of California, in deciding Bogdan v. Countrywide Home Loans, 09-1055 (E.D. Cal. 2010), found that MERS was not required to register to do business in California. The Eastern District of California, after considering … Continue reading
October 27, 2013 in 2010 | Permalink | No Comments
Eastern District of California Dismisses Plaintiff’s Wrongful Foreclosure Claims Due to Plaintiffs’ Lack of Tender
The United States District Court, Eastern District of California in deciding the case of Small v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:09-CV-0458 (E. D. Cal., 2010), concluded that dismissing the plaintiff’s wrongful foreclosure claims due to lack … Continue reading
October 27, 2013 in 2010 | Permalink | No Comments
October 15, 2013
California Eastern District Court Notes There is no Requirement for the Production of the Original Note to Initiate a Non-Judicial Foreclosure Sale Under California Law
The California Eastern District Court in Castaneda et al v. Saxon Mortgage Services, Inc. et al., No. 2:2009cv01124 (E.D. Cal. 2010) dismissed the plaintiff’s claim alleging wrongful foreclosure due to foreclosing party’s lack of note. Plaintiffs Cesar and Suzzanne Castaneda … Continue reading
October 15, 2013 in 2010 | Permalink | No Comments
October 3, 2013
Washington Court Rejects Plaintiff’s Claims That MERS’ Assignment was Fraudulent
The Washington court in Bain v. Metropolitan Mortgage Group, Inc., 2010WL891585 (W.D. Wash. Dist. Ct., March2010), rejected the plaintiff’s contentions that an assignment by MERS was executed fraudulently. The plaintiff based his claims around the execution of a mortgage assignment … Continue reading
October 3, 2013 in 2010 | Permalink | No Comments