REFinBlog

November 13, 2013

Massachusetts Land Court Finds Defendant Was Not Entitled to Service Member Relief Act

The Massachusetts Land Court in deciding Suntrust Mortg., Inc. v. Forsberg, 2013 Mass. LCR LEXIS 159 (Mass. Land Ct. 2013) found that defendant (Alfred Forsberg) was not entitled to the protection of the Servicemembers Civil Relief Act, 50 U.S.C. §§ … Continue reading →

Michigan Court Finds Assignment From MERS to Bank of New York Was Valid

The United States District Court for the Western District of Michigan, Southern Division in Maslowski v. Mortg. Elec. Registration Sys., 2013 U.S. Dist. LEXIS 156299 (W.D. Mich. Sept. 26, 2013) granted defendants’ motion to dismiss. The crux of plaintiff’s claim … Continue reading →

The Superior Court of New Jersey, Appellate Division, Finds That Wells Fargo Had Standing to File Foreclosure Action

The Superior Court of New Jersey, Appellate Division, in deciding Wells Fargo Bank, N.A. v. Garner, 2013 N.J. Super. LEXIS 2648, 2013 WL 5827033 (App.Div. Oct. 31, 2013) affirmed the lower court’s decision and dismissed motions to vacate the judgment … Continue reading →

Nevada District Court Holds that MERS Has Power to Start Foreclosure Action on Behalf of Lender

The federal district court of Nevada in Smith v. Community Lending, 773 F.Supp.2d 941 (D.N.V. 2011), held that MERS properly started a foreclosure action on behalf of the lender, Community Lending, Inc., because it found that MERS acted within the scope of … Continue reading →

Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners

The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is … Continue reading →

November 12, 2013

Wrongful Foreclosure Claim Survives Motion to Dismiss

Judge Conti (N.D. Cal.) issued an order granting in part and denying in part a motion to dismiss in Subramani v. Wells Fargo Bank N.A. et al., No. 13-1605 (Oct. 30, 2013). Plaintiff Subramani received a mortgage loan from Defendant … Continue reading →

Texas Court of Appeals Finds That Plaintiff’s Claim – That the Note and Deed of Trust Became “Split” – Has No Basis in Law

The Court of Appeals of Texas, Ninth District in deciding Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, 2013 Tex. App. LEXIS 13515, 2013 WL 5874607 (Tex. App. Beaumont Oct. 31, 2013) affirmed the lower court’s decision holding that … Continue reading →