REFinBlog

July 16, 2013

Jefferson County Circuit Court Holds That Fannie Mae Had Standing to Bring Ejectment Action

The circuit court in Fannie Mae v. Steele, Jefferson County Circuit Court No. 09-900069 (May 18, 2011) found in favor of the plaintiff [Fannie Mae], by deciding to deny the defendants’ motion to set aside the judgment for possession. The … Continue reading →

July 15, 2013

Oregon Court Holds That Oregon’s Non-Judicial Foreclosure Statute Does Not Require Presentment of the Note

The court in Buckland v. Aurora Loan Services, Josephine County No. 10 CV 1023 (March 18, 2011) granted the defendant’s motion to dismiss the plaintiff’s complaint for wrongful foreclosure with prejudice. MERS, although not being a party to the case, … Continue reading →

Oregon District Court Finds Claim Preclusion Bars Stop-Foreclosure Action

In Buckland v. MERS, Or. 11-3053-CL (2011) the court dealt with res judicata and the plaintiff relitigating the same claims that were raised or could have been raised in a previous action. The court found that the same factual transaction … Continue reading →

July 12, 2013

Bank of America and MERS Motion for Dismissal Granted Against Homeowner-Plaintiff in Reconsideration of Order Denying Preliminary Injunction in Foreclosure Proceeding

In Harris v. Americas Wholesale Lender, No. 2011-659-CH (Macomb Cty. Cir. Ct. June 8, 2011) the court granted the defendant’s motion for dismissal of all the homeowner-plaintiff’s claims in foreclosure proceeding. Defendants Countrywide, Bank of America, and MERS moved for … Continue reading →

July 9, 2013

Washington District Court Denies Plaintiff Mortgagors’ Motion for Injunctive Relief Against Foreclosure Sale

In Erickson v. IndyMac Bank, No. C11-598RAJ (W.D. Wash. July 14, 2011), plaintiff mortgagors Gregory Erickson and Aleksandra Makarova filed this action in the United States District Court for the Western District of Washington against defendant mortgagee Indymac Bank for … Continue reading →

July 2, 2013

Massachusetts Supreme Court Dismisses Try Title Action Due To Lack Of Subject Matter Jurisdiction

In Bevilacqua v. Rodriguez, 460 Mass. 762 (2011), theMassachusetts Supreme Court handled the issue of whether a plaintiff had standing to maintain a try title action under G.L. c. 240, §§ 1-5, where he was in physical possession of real … Continue reading →

June 26, 2013

Massachusetts Bankruptcy Court Grants Assignee Bank’s Motion For Relief, Denies Debtor’s Assignment Challenges and Home Affordable Modification Program Claim

Aurora, as an assignee of a Chapter 13 debtor’s mortgage, moved for relief from stay to exercise its rights in property, and debtor objected to assignee’s standing and on the ground that his post petition payment default was the result … Continue reading →