April 9, 2013
U.S. Bankruptcy Court of Western District Missouri Holds that Agency Relationship created when MERS is Designated as a Nominee
In re Tucker, 441 B.R. 638 (Bankr. W.D. Mo. 2010), court held that designation of MERS as a nominee in the Mortgage is “more than sufficient to create an agency relationship between MERS and the Lender and its successors in … Continue reading
April 9, 2013 in 2010 | Permalink | No Comments
April 7, 2013
The Michigan Eastern District Court Grants MERS and other Defendants’ Motion to Dismiss Because Homeowners Failed to State a Claim
In Safford v. Precision Funding, 09-14925-BC, 2010 WL 548504 (E.D. Mich. Feb. 9, 2010), the court granted Defendants’ motion to dismiss. In August 2004, Jeffrey Safford and Denise Safford purchased their home and obtained a fixed rate mortgage loan for … Continue reading
April 7, 2013 in 2010 | Permalink | No Comments
March 28, 2013
Tennessee Court of Appeals Dismisses Homeowner Complaint as Unripe
In Mills v. First Horizon Home Loan Corp., No. W-2010-00310-COA-R3-CV, 2010 WL 4629610 (Tenn. Ct. App. Nov. 16, 2010), the court dismissed the homeowners complaint as unripe for declaratory judgment. It did not find that the mortgage would be unenforceable … Continue reading
March 28, 2013 in 2010 | Permalink | No Comments
Indiana Superior Court Upholds MERS’ Right to Assign
The Bank of New York Mellon v. Michael R. Green, Case No. 41D01-0901-MF-00027, Johnston Superior Court (Sept. 20, 2010), held that Bank of New York Mellon‘s mortgage is enforceable and that MERS as the mortgagee, had the right to assign … Continue reading
March 28, 2013 in 2010 | Permalink | No Comments
March 26, 2013
District Court of Arizona Rejects Homeowners’ Motion to Remand, Grants Lender’s Motion to Dismiss, Without Prejudice
In Kane v. Bosco, 10-CV-01787-PHX-JAT, 2010 WL 4879177 (D. Ariz. Nov. 23, 2010) the court denied plaintiffs’ motion to remand, and granted defendants’ motions to dismiss, without prejudice. In 2005 plaintiffs/homeowners, Peter and Diane Kane, refinanced their residential loan for … Continue reading
March 20, 2013
Texas District Court Found that Bank Had Standing because it had Promissory Note and Affidavit
In Santarose v. Aurora Bank FSB, No. H-10-0720 (S.D. Texas 2010), homeowners alleged wrongful foreclosure. The homeowner executed a promissory note in connection with a purchase money loan from Lehman Brothers Bank. The homeowners executed a deed of trust securing the payment … Continue reading
March 20, 2013 in 2010 | Permalink | No Comments
Washington District Court Holds that if MERS has a Beneficial Interest, the Designee can Initiate Foreclosure
In Daddabbo et al v. Countrywide Home Loans, No. C09‐1417‐RAJ, 2010 WL 2102485 (W.D. Wash. May 20, 2010), the court found that MERS had a beneficial interest in the note that the deed of trust secures. The court rejected the … Continue reading
March 20, 2013 in 2010 | Permalink | No Comments
