REFinBlog

January 30, 2013

Rhode Island Superior Court Addresses Challenged to MERS

One of the earliest opinions addressing challenges to MERS in Rhode Island is Bucci v. Lehman Bros. Bank, No. PC-2009-3888 (R.I. Sup. August 25, 2009). The plaintiff challenged MERS’s standing to foreclose on their house following the plaintiff’s default on … Continue reading →

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 v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished),  the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to … Continue reading →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 16, 2013

Class Action Recording Fee Suit in Missouri Dismissed

Jackson County, Missouri v. MERSCorp, Inc., et al., No. 12-0665-CV-W-ODS (W.D. Mo. Jan. 14, 2013) is a suit by Jackson County to recover lost recording fees resulting from the use of MERS. This suit is a class action law suit … Continue reading →

January 10, 2013

Alabama District Court Continues to Uphold Enforceability of Mortgages Despite Split of Note and Mortgage

In Brooks v. Freddie Mac, 2011 WL 3794683 (AL District Court, 2011), the court held that once a mortgage is assigned to another, foreclosure action is not attributed to the assignor. Therefore, when MERS assigned its interest to another party, the … Continue reading →