REFinBlog

March 15, 2013

United States Court of Appeals Holds that MERS has Standing to Foreclose on Homeowner’s Property because the Promissory Note, Mortgage, and Assignment were Valid and Homeowner Defaulted on His Loan

In Yuille v. Am. Home Mortg. Services, Inc., 483 F. App’x 132 (6th Cir. 2012), the United States Court of Appeals Sixth Circuit held that homeowner’s quiet title claim failed because the note, mortgage, and assignment were valid and the … Continue reading →

March 14, 2013

Michigan District Court Dismisses Mortgagor’s Claims to Void a Foreclosure Sale Because the Redemption Period Had Expired

In Duff v. Federal Nat. Mortg. Ass’n, No. 2:11-cv-12474, 2012 WL 692120 (E.D. Mich. Feb. 29, 2012), the District Court dismissed Mortgagor Plaintiff’s claims to void the foreclosure sale because Plaintiff failed to state a claim and the period of … Continue reading →

In Cooke v. Mortgage Electronic Registration Systems, Inc., et al., CA No. PC 2011-3487 (R.I. Sup. August 29, 2012), the plaintiff alleged that the assignment of the mortgage interest from MERS to the Federal National Mortgage Association, FNMA, was invalid. … Continue reading →

March 11, 2013

Michigan Court Holds that Foreclosure Sale May Be Voidable When Assignee Does Not Record the Mortgage Before Foreclosure

In Kim v. JPMorgan Chase Bank, N.A., 825 N.W2d 329 (Mich. 2012), the court held that a foreclosure sale was voidable since the assignment of the mortgage to Defendant Bank was not recorded. Mortgagor Plaintiffs executed a mortgage agreement with … Continue reading →

March 8, 2013

The Georgia Northern District Court Holds that Homeowner does not have Standing to Stop Non-Judicial Foreclosure because Homeowner’s claim that MERS Fraudulently Assigned Homeowner’s Deed is not Casually Connected to the Foreclosure on her Property

In Dehdashti v. Bank of New York Mellon, et al., 1:12-cv-595-TCB, (N.D.Ga. June 7, 2012), the Georgia Northern District Court dismissed homeowner’s claims because she did not have standing. have more money now Manizeh Dehdashti alleged that Bank of New … Continue reading →

March 5, 2013

Michigan Court of Appeals holds that Bank has Standing to Foreclose on Property by Advertisement because Bank had a Sufficient Interest in the Indebtedness Secured by the Mortgage as Record Holder of the Mortgage

In Fawaz v. Aurora Loan Services LLC, 302840, 2012 WL 1521589 (Mich. Ct. App. May 1, 2012), the Michigan Court of Appeals held that Aurora Loan Servicing LLC had standing to foreclose on homeowners’ property by advertisement. Nazih and Iman … Continue reading →

March 2, 2013

Kansas Court of Appeals Holds that Severance of Mortgage and Note Cured by Subsequent Assignment of Mortgage from MERS to Bank

In U.S. Bank v. Howie, 280 P.3d 225 (Kan. App., 2012), the court held that U.S. Bank had standing to foreclose because there was an agency relationship between MERS and U.S. Bank. It also upheld that severance can be cured … Continue reading →