REFinBlog

January 4, 2013

Exceptions for Mortgagee’s Lack of Standing to Challenge Assignments in Texas

In Kramer v. Federal National Mortgage Association, et al., No. A-12-CA-276-SS (W.D. Tex May 15, 2012), the Western District Court in Austin, the home owner sued Fannie Mae, MERS, and Countrywide to quiet title and for a fraudulent foreclosure. Although … Continue reading →

December 31, 2012

Mortgagee Lacks Standing to Challenge Assignments in Texas

Bridges v. JP Morgan Chase Bank, N.A., et al., No. A-12-CA-635-SS (W.D. Tex Sept. 21, 2012), is a recently decided federal district court decision in Texas. The Western District Court in Austin granted the defendant’s motion to dismiss the plaintiff’s suit. … Continue reading →

December 2, 2012

Federal District Court in Idaho Rules for Bank, MERS, et al. in Finding Trustee was Properly Appointed

In Van Kirk v. Bank of America, 1:11-CV-00621-BLW-RE, 2012 WL 4524457 (D. Idaho Oct. 1, 2012), the District Court in Idaho agreed with the magistrate judge that, as a valid beneficiary, MERS properly assigned its interest in the deed of trust to … Continue reading →

Federal District Court in Idaho Rules Bank has Standing in Foreclosure Case

In Purdy v. Bank of America, No. 1:11-CV-00640-EJL-REB (D. Idaho Sept. 26, 2012), in granting Bank of America’s motions to dismiss, the Federal District Court in Idaho agreed with the magistrate judge that the securitization of a note does not … Continue reading →

Idaho Supreme Court Rules for Bank, MERS, et al., Regarding Foreclosure Proceedings under Deed of Trust

In Trotter v. Bank of New York Mellon, 152 Idaho 842, 275 P.3d 857 (2012), holding for the defendant bank, the Supreme Court of Idaho held that under the Idaho Deed of Trust Act, the foreclosure process is a non-judicial … Continue reading →

November 29, 2012

Texas Appellate Court Holds that Formal Transfer of Deed is Not Required to Initiate Foreclosure

In Robeson v. Mortgage Electronic Registration Systems, Inc., No. 02-10-00227-CV (Tex. App. –Fort Worth [2nd Dist.] 2012, pet. denied), the Texas Court of Appeals affirmed a summary judgment motion by MERS and the Midfirst bank granted by the trial court. … Continue reading →

November 20, 2012

Federal District Court in Texas Rules That Third-Party Lacks Standing in Recording-Fee Case

It appears that although courts may be receptive to claims about lost recording fees because of MERS, they won’t hear cases brought by third parties (at least, not in federal court). The citizens of a Texas county brought the claim … Continue reading →