October 15, 2013
California District Court Holds that Deed of Trust Authorizes MERS to Take Certain Actions
In Wadha v. Aurora Loan Services, CIV. NO. S-11-1784 KJM KJN (Dist. Ct., E.D. California. Feb 8, 2013), homeowners filed claims for wrongful foreclosure alleging that Aurora Loan Services was never assigned the beneficial interest in the deed of trust … Continue reading
October 15, 2013 in 2013 | Permalink | No Comments
October 9, 2013
United States Court of Appeals, First Circuit, Remands Lower Court’s Decision by Ordering a Hearing With Reasonable Notice on the Whether the Injunction Should be Continued
After the decision handed down from Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) On appeal, the plaintiff-appellees in United States Court of Appeals, First Circuit, [(Fryzel, et. al. v. Mortgage Electronic Registration Systems, Inc., No. 12–1526 (D.Ri., 2013)] brought … Continue reading
October 9, 2013 in 2013 | Permalink | No Comments
October 4, 2013
A Welling of Judicial Discontent
Reuters ran a story that provides the next chapter to my post, Federal Judge Declares War on Wells Fargo. The Reuters story is Massachusetts Judge Challenges Wells Fargo, Sparks Legal Fight (behind a paywall) and it reads in part: A … Continue reading
October 4, 2013 in 2013 | Permalink | No Comments
September 25, 2013
Another Federal Judge Can’t Take It Anymore
Magistrate Judge Brown (EDNY) issued a memorandum and order in Pandit v. Saxon Mortgage Services, Inc., CV 11-3935 (June 5, 2013) that reflects, to my mind, judicial frustration with mortgage industry companies. This frustration arises, no doubt, from the many … Continue reading
September 25, 2013 in 2013 | Permalink | No Comments
September 24, 2013
Federal Judge Declares War on Wells Fargo
Never saw this before: And so, Wells Fargo wins on a technicality. The Court never addresses the merits of this case and expresses no opinion thereon. Still, it is appropriate to point out that, were Henning to prove his case … Continue reading
September 24, 2013 in 2013 | Permalink | No Comments
September 23, 2013
Deane Finds Us East of Eden
Last week, I discussed a NYLJ article about the “Show Me The Note” argument in New York. The article discussed a recent case, Bank of N.Y. Mellon v. Deane, 2013 Slip Op. 23244 (Sup. Ct. Kings Country July 11, 2013). … Continue reading
September 23, 2013 in 2013 | Permalink | No Comments
September 12, 2013
Just Shoot Me
Florida Twelfth Judicial Circuit Magistrate Bailey issued a Recommended Order in HSBC Bank USA, National Association, et al. v. Marra, No. 2008 CA 000630 NC (Aug. 14, 2013) that makes you want to give up. Not because of the judge, … Continue reading
September 12, 2013 in 2013 | Permalink | No Comments
