March 2, 2013
Kansas Court of Appeals Holds that Secondary Market Investor Bank has Standing to Foreclose Even Without Mortgage Assignment
In Metlife Home Loans v. Hansen, 286 P.3d 1150 (Kan. App. 2012), the court held that a mortgage assignment is not necessary to the right of a secondary market investor to foreclose in Kansas and that even if an assignment … Continue reading
March 2, 2013 in 2012 | Permalink | No Comments
February 26, 2013
D.C. District Court Rules Bank Has Standing in Foreclosure Case
In McCarter v. Bank of New York, 873 F. Supp. 2d 246 (D.D.C. 2012), Plaintiff Homeowner was issued a mortgage loan of $270,000 which was reduced to a Deed of Trust and Promissory Note. Plaintiff then applied for a loan … Continue reading
February 26, 2013 in 2012 | Permalink | No Comments
February 25, 2013
Michigan Court of Appeals Holds that Bank has Standing to Foreclose on Mortgaged Property Because the Bank was Validly Assigned Property Owners’ Mortgage and thus was the Record Holder of the Mortgage
In Hargrow v. Wells Fargo Bank N.A., 491 F. App’x 534 (6th Cir. 2012), the United States Court of Appeals in Michigan held that Wells Fargo Bank had standing to foreclose upon the mortgaged property. Mary and M.L. Hargrow bought … Continue reading
February 25, 2013 in 2012 | Permalink | No Comments
February 21, 2013
Rhode Island Court Compares Case to Kriegal
In Chhun v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2011-4547, (R.I. Super. June 26, 2012), the plaintiff sought a declaration from the court to quiet title following a foreclosure sale. The plaintiff claimed that the foreclosing party … Continue reading
February 21, 2013 in 2012 | Permalink | No Comments
February 15, 2013
The Michigan District Court holds that Aurora Bank has Standing to Foreclose on Homeowners’ Property
In Horton v. Aurora Bank FSB, 1:12-CV-365, 2012 WL 3307451 (W.D. Mich. Aug. 13, 2012), the Michigan District Court granted Defendants’ motion to dismiss Aaron and Suzanne Hortons’ claims. In January 2007, the Hortons purchased property and executed a promissory note, … Continue reading
February 15, 2013 in 2012 | Permalink | No Comments
February 14, 2013
Rhode Island Superior Court Rejects Plaintiff’s Challenge of the Validity of MERS’s Assignment
In Cafua v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-7407, (R.I. Super. June 20, 2012), the plaintiff alleged defaults in the foreclosure process prevented the foreclosing party (HSBC) from having the statutory power of sale. Specifically, the … Continue reading
February 14, 2013 in 2012 | Permalink | No Comments
February 13, 2013
Michigan District Court holds that a Mortgage is Valid and Enforceable even if it is separated from the Promissory Note
In Marrocco v. Chase Bank, N.A., 12-10605, 2012 WL 3061031 (E.D. Mich. July 26, 2012), the Michigan District Court granted Chase Bank’s and MERS’s motion to dismiss. Marrocco obtained a loan of $181,000 from GreenPoint Mortgage Funding, Inc. As security … Continue reading
February 13, 2013 in 2012 | Permalink | No Comments
