REFinBlog

January 4, 2013

Arizona 9th Circuit Bankruptcy Appellate Proceeding Finds Lack of Standing with Absence of Mortgage Note

cash loan quick virginia In In re Veal, 450 B.R. 897 (B.A.P. 9th Cir. 2011) the court held that a party has standing to prosecute a proof of claim involving a negotiable promissory note secured by real property if, under applicable law, … Continue reading →

December 6, 2012

Massachusetts Supreme Judicial Court Holds that without a Recordable Assignments, MERS has no Standing

In US Bank National Ass’n v. Ibanez , 2009 WL 3297551, (MA S. Judicial Ct, 2011), the court held that a party lacks standing to foreclose when it holds a mortgage note endorsed in blank and an assignment of the … Continue reading →

December 2, 2012

Federal District Court in Idaho Rules for Bank, MERS, et al., Regarding Quiet Title Dispute

In Gilbert v. Bank of America N.A., No. 1:11-cv-00272-BLW (D. Idaho Sept. 15, 2011), the Idaho District Court granted defendant banks’ motion to dismiss, explaining that the plaintiff homeowner cannot bring a quiet title action without first tendering payment on … Continue reading →

Idaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust

In Ralph v. MetLife, No. CV 2010-0200 (D. Idaho Aug. 10, 2011), in granting partial summary judgment for the plaintiff homeowner, the court found that the defendant bank lacked authority to maintain a non-judicial foreclosure since MERS did not have … Continue reading →