June 26, 2013
Massachusetts Trial Court Grants Defendant Bank’s Motion For Summary Judgment in Service Member Civil Relief Act Case
The Plaintiff in Randle v. GMAC, No. 09 MISC 408202 GHP filed a complaint seeking, among other things, a declaration that defendant GMAC Mortgage did not hold any claim secured by a mortgage recorded with the County Registry, and lacked … Continue reading
June 26, 2013 in 2010 | Permalink | No Comments
May 10, 2013
Bankruptcy Court for the District of Massachusetts Finds Bank had Failed to Prove it was Present Title Holder of the Mortgage, Denies Relief from Automatic Stay
In In re Moreno, 08-17715-FJB, 2010 WL 2106208 (Bankr. D. Mass. May 24, 2010), the Bankruptcy Court for the District of Massachusetts found that creditor/Property Asset Management, Inc. (“PAM”) had failed to prove its burden that it had standing to … Continue reading
May 10, 2013 in 2010 | Permalink | No Comments
April 12, 2013
United States District of Georgia Rejects Wrongful Foreclosure Claim
In Nicholson v. OneWest Bank,1:10-CV-0795-JEC/AJB, 2010 WL 2732325 (N.D. Ga. Apr. 20, 2010) , the court rejected homeowner’s wrongful foreclosure claim. Homeowners argued that OneWest Bank was not entitled to foreclose on property because there had been no assignment of the original … Continue reading
United States District Court of California Rejects Wrongful Foreclosure Claim
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
April 12, 2013 in 2010 | Permalink | No Comments
Texas Court of Appeals Upholds MERS’ Authority to Conduct a Non-Judicial Foreclosure
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
April 12, 2013 in 2010 | Permalink | No Comments
Texas Court of Appeals Holds that MERS has Standing
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
April 12, 2013 in 2010 | Permalink | No Comments
April 11, 2013
District Court of Oregon Holds that Assignment is Proper
In Stewart v. MERS, No. CV-09-687-PK, 2010 WL 1055131 (D. Or. Feb. 9, 2010), the court granted MERS’ motion to dismiss and found that U.S. Bank was a real party in interest because the assignment from MERS to U.S. Bank … Continue reading
