REFinBlog

February 8, 2013

Nebraska Supreme Court Holds that MERS is Not a Mortgage Broker

In MERS, Inc. v. Nebraska Dept. of Banking & Fin, 704 N.W.2d 784 (NE S. Ct. 2005), the Supreme Court held that MERS was not a mortgage broker under the Mortgage Bankers Registration and Licensing Act. The court agreed with … Continue reading →

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 →

Oregon District Court Holds that MERS could Assign Deed of Trust and Wells Fargo Bank could Initiate Foreclosure Proceedings

In Neilson v. Wells Fargo Bank, NA, CV 10-1516-MO, 2011 WL 3476523 (D. Or. Aug. 9, 2011), the Oregon District Court granted Wells Fargo Bank’s motion for summary judgment because Neilson (homeowner) failed to show a likelihood of success and … 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 →

February 6, 2013

California Court of Appeals Affirmed Trial Court’s Decision Granting MERS Authority to Initiate Foreclosure Proceeding

In Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149, 121 Cal. Rptr. 3d 819 (2011), the California Court of Appeals in the Fourth District held that there was no legal authority which required the Court to entertain … Continue reading →

Oregon District Court Holds MERS Lacks Standing Because Not All Mortgage Assignments were Recorded

In Burgett v. Mortgage Elec. Registration Sys., Inc., 09-6244-HO, 2010 WL 4282105 (D. Or. Oct. 20, 2010), the Oregon District Court granted MERS’s motion for summary judgment in regards to Burgett’s Real Estate Settlement Procedures Act (RESPA) claim, and denied MERS … Continue reading →