REFinBlog

February 11, 2013

Federal District Court in Idaho Rules for Banks/MERS in Foreclosure Case

In Showell v. BAC Home Loans Servicing, L.P., 4:11-CV-00489-CWD, 2012 WL 4105472 (D. Idaho Sept. 17, 2012), the Court granted Defendants’ motions to dismiss. The Court once again held that since Idaho is a nonjudicial foreclosure state, standing, or proof of ownership … Continue reading →

Federal District Court in Idaho Grants Defendants (Bank et. al.) Motion to Dismiss in Foreclosure Case

In Cherian v. Countrywide Home Loans, 1:12-CV-00110-BLW, 2012 WL 2865979 (D. Idaho July 11, 2012), the Court granted Defendants’ motion to dismiss and denied Plaintiff Homeowner’s motion for a temporary restraining order and motion to amend his complaint. Plaintiff sought to … Continue reading →

Federal District Court in Idaho Rules for Bank on Various Claims and Dismisses Claim that MERS Was Not a Valid Beneficiary in Foreclosure Case

In Ohlsen v. Bank of America, 1:11-CV-00357-BLW, 2012 WL 4139530 (D. Idaho Sept. 18, 2012), Plaintiff Homeowners filed an objection challenging the Report and Recommendation of a Magistrate Judge that their complaint be dismissed. The Court here considered the Plaintiffs’ … Continue reading →

February 9, 2013

Tenth Circuit Holds that MERS has Authority to Initiate Non-Judicial Foreclosure in Utah

In Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc, 474 F. App’x 732 (10th Cir. 2012), the United States Court of Appeals for the Tenth Circuit held that Mortgage Electronic Registration Systems, Inc (“MERS”) had authority to initiate non-judicial … Continue reading →

February 8, 2013

Arkansas District Court Dismisses Recording Fee Case

In Brown v. Mers, No. 11-cv-06070 (W.D. Ark., 2012), the Arkansas District Judge dismissed a recording-fee lawsuit filed against MERS and held that state laws do not require mortgage assignments to be recorded. The case had transformed into a class … Continue reading →

February 7, 2013

Minnesota District Court Holds that MERS Could Foreclose on Homeowners’ Property even though MERS was not the Holder of the Promissory Note

In Kraus v. CitiMortgage, Inc., CIV. 11-3213 DWF/FLN, 2012 WL 1581113 (D. Minn. May 4, 2012), the Minnesota District Court found that homeowners/borrowers’ complaint lacked particularity. Plaintiffs are thirteen homeowners and loan borrowers who executed promissory notes with six different … Continue reading →

Rhode Island Superior Court Adopts Payette Opinion

In Breggia v Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-4144 (R.I. Super. April 3, 2012), the plaintiff brought a declaratory judgment claim to quiet title following a foreclosure sale. The plaintiff alleged a defective foreclosure sale occurred. … Continue reading →