REFinBlog

October 3, 2013

Ohio Court Dismisses Plaintiff’s Claim That Defendant Lacked Standing to Foreclose

The Ohio court in Turner v. Lerner, Sampson & Rothfuss, 776 F.Supp.2d 498 (2011) granted in part and denied in part the defendant’s motion to dismiss. The plaintiffs alleged that defendant [Lerner] engaged in the widespread practice of filing and … Continue reading →

October 2, 2013

Southern District of California Bankruptcy Court Holds that MERS’ Role as Beneficiary Does Not Provide Protection Against Foreclosure Deficiencies

In In re Doble , BK 10-11296-MM13, 2011 WL 1465559 (Bankr. S.D. Cal. Apr. 14, 2011), the court held that MERS’ limited role as beneficiary of the deed of trust did not provide protection against foreclosure deficiencies. MERS’ role did … Continue reading →

California Court of Appeals Holds that MERS has Authority to Assign Beneficial Interest

In Forbes v. Countrywide Home Loans, Inc., E051309, 2011 WL 4985965 (Cal. Ct. App. Oct. 20, 2011), homeowner had acquired a single-family residence and later refinanced the property by obtaining two loans. Mortgage Funding, Inc. was the lender of both … Continue reading →

California Court of Appeals holds that MERS Does Not Bear Burden of Proving Valid Assignment

In Fontenot v. Wells Fargo Bank N.A, No. A130478, 198 Cal.App.4th 256 (Ca. Ct. App. 1st Dist. Aug. 11, 2011), Fontenot sued Wells Fargo Bank, MERS and three other entities after she defaulted and lost the property to foreclosure. In the fourth amended complaint, … Continue reading →

September 19, 2013

California Court of Appeals Holds That the Right to Challenge a Nominee’s Authority to Foreclose on Behalf of Note Holder Would Fundamentally Undermine the Non-Judicial Nature of the Process

The Fourth District California Court of Appeals in considering Gomes v. Countrywide Home Loans, Inc., 192 Cal.App.4th 1149 (2011), affirmed the lower court’s decision upholding MERS’ ability to initiate non-judicial foreclosure actions. The appellant argued that he was entitled to … Continue reading →

September 17, 2013

Arkansas Court Finds That Based on Security Agreement, MERS Was the Mortgagee

The Arkansas court considering Coley v. Accredited Home Lenders, Inc. et al, 4 10 CV01870 (E.D. Ark. 2011) ultimately granted the defendants’ motion for dismissal. The court granted the dismissal with prejudice as to the plaintiff’s wrongful foreclosure claims. The … Continue reading →

August 27, 2013

Alabama Court Rules That Demonstration of Note Ownership is Not Needed

The court in Farkas v. SunTrust Mortgage, Inc, et al., 447 F. App’x 972 (11th Cir. 2011) found that Alabama is a non-judicial foreclosure state and that the party seeking foreclosure was not required to demonstrate ownership of the promissory note … Continue reading →