REFinBlog

January 23, 2013

Plaintiff’s Challenge to MERS While Not in Default Dismissed by Nevada Court

In Wellington v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:12-CV-00541-KJD-VCF (D. Nev. Oct. 30, 2012), the plaintiff decided to challenge the use of MERS after learning of fraudulent activity in the mortgage industry. After failing to obtain documents … Continue reading →

Court Dismissed Claim of Violation of the Nevada False Claims Act

In State of Nevada, ex rel. Barrett Bates, et al. v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished),  the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to … Continue reading →

January 22, 2013

Alleged Violation of Deceptive Trade Practice Dismissed by Nevada Court

In Medina v. Quality Loan Service Corp., et al., No. 12-CV-00428-KJD-PAL (D. Nev. Oct. 25, 2012), the district court in Nevada addressed the plaintiff’s claim of a violation of the Nevada Deceptive Trade Practices Act. The Act prohibits sellers from … Continue reading →

January 17, 2013

Plaintiff’s Claim Against MERS Time-Barred in Nevada

In Haischer v. Mortgage Electronic Registration Systems, Inc., et al., No. 2-11-cv-01786-GMN-RJJ (D. Nev. Sep. 17, 2012), the plaintiff challenged a foreclosure after the property was sold at a foreclosure auction. The plaintiff requested an order to set aside the … Continue reading →

January 10, 2013

Texas Case Distinguishes Between a Holder and an Owner of Promissory Notes

In Martin v. New Century Mortgage Company, et al., 2012 Tex. App. Lexis 4705 (Houston 1st Court of Appeals, June 14, 2012), the plaintiffs executed a deed of trust and promissory note with New Century Mortgage Corporation. The deed of … Continue reading →

Waiver and Equitable Estoppel Argument Rejected by Texas Court

The federal Court of Appeals in Texas affirmed a district court’s dismissal of the plaintiff’s claims in Wigginton v. Bank of New York Mellon, et al., No. 12-10136, (5th Cir. 2012). Two weeks after two default notices were sent to … Continue reading →

General Challenge to MERS Rejected by Texas Federal District Court

The United States Southern District Court of Texas defended MERS in Richard v. CIT Group, et al., No. H-12-848 (S.D. Tex Jul. 21, 2012). The plaintiff’s attorney challenged the standing of the defendants and the use of MERS. The plaintiff … Continue reading →