REFinBlog

September 20, 2013

Northern District of California Rules That MERS Had the Authority to Appoint a Substitute Trustee

The United States District of the Northern District of California dismissed fraud claims brought by plaintiff against MERS in Labra v. Cal-Western Reconveyance Corp., No. C 09-02537 PJH (C.D. Cal. 2010). The court also denied the plaintiff’s request for injunctive … Continue reading →

California Court Finds That Under State Civil Code Section 2924(a), MERS Had the Right to Foreclose

The United States District Court for the Northern District of California Oakland Division in deciding Earl A. Dancy v. Aurora Loan Services, LLC, No: C10-2602 SBA (2010) found that the plaintiff’s contentions lacked merit. The court found that the plaintiff’s … Continue reading →

September 19, 2013

Court Holds That California State Law Did Not Require Possession of the Note to Commence a Non-Judicial Foreclosure

The court in Chilton v. Federal National Mortgage Association, No. 1:09-cv-02187-OWW-SKO (2010), held that California state law did not necessitate possession of the promissory note in order to proceed with a non-judicial foreclosure. The court dismissed the plaintiff’s complaint, after … Continue reading →

Court Holds MERS’ Previous Business Activities Prior to Proper Registration in California Did Not Render its Foreclosing Illegal

The court in Perlas et al v. MERS, No. C 09-4500 (N.D.Cal. 2010) held that MERS’ previous business activities prior to becoming registered to do business in California did not render its foreclosing activities illegal. Despite the plaintiff’s arguments to … Continue reading →

September 17, 2013

United States District Court Rules That MERS Had The Power to Assign the Deed of Trust

The United States District Court of the Eastern District of California in deciding Coburn v. Bank of New York Mellon, N.A., 2:10-CV-03080 (2010) granted defendants’ motion to dismiss. The court also handed down the ruling that the plaintiff’s claim of … Continue reading →

September 13, 2013

United States District Court, Eastern District of Arkansas Dismisses Borrower’s Claim of Invalid Assignment

The United States District Court, Eastern District of Arkansas in Kimberly Peace v. MERS, 4:09-cv-00966 (2010) granted MERS’ motion to dismiss. The court found that the assignment to MERS was valid. This also led the court to decide that BAC … Continue reading →

September 9, 2013

Arizona Court Grants Summary Judgment in Favor of MERS in Show Me the Note Claim

The Arizona court in deciding the case of Sparlin v. BAC Home Loans Servicing, CA-CV-2010-0173 (Ct. Ap. AzDiv. 2, 2011), had to consider arguments based on the theory of ‘show me the note.’ Sparlin had appealed the lower court decision … Continue reading →