August 31, 2015
Monday’s Adjudication Roundup
Thornburg Mortgage Inc. Ch. 11 trustee wins $45 million against RBC Capital Markets LLC for seizing and miscalculating the value of some mortgage-backed securities from Thornburg in 2007. Fidelity National Title Insurance Co. will not be liable for $38 million … Continue reading
August 31, 2015 in Arizona | Permalink | No Comments
May 2, 2014
Arizona’s Non-Judicial Foreclosure Statutes do not Require the Beneficiary to ‘Show the Note’ Before Commencing a Non-Judicial Foreclosure
The court in deciding Famili v. Wells Fargo Bank NA, 2013 U.S. Dist. (D. Ariz., 2013) reaffirmed the holding that “Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or ‘show the note’ before the trustee … Continue reading
May 2, 2014 in Arizona | Permalink | No Comments
March 7, 2014
Whitman on Servicer Lies
Professor Dale Whitman posted a commentary on Quintana v. Bank of America, No. CV 11–2301–PHX, 2014 WL 690906 (D.Ariz. Feb. 24, 2014) (not reported in F.Supp.2d) on the Dirt listserv: Synopsis: A borrowers who is “jerked around” by a mortgage … Continue reading
March 7, 2014 in Arizona | Permalink | No Comments
February 5, 2014
Arizona’s “Unholy” Foreclosure Mess
Professor Dale Whitman posted a commentary about Steinberger v. McVey ex rel. County of Maricopa, 2014 WL 333575 (Ariz. Court of Appeals, Jan. 30, 2014) on the Dirt listserv: A defaulting borrower may defend against foreclosure on ground that the chain of … Continue reading
February 5, 2014 in Arizona | Permalink | No Comments
September 9, 2013
Arizona Court Grants Summary Judgment in Favor of MERS in Show Me the Note Claim
The Arizona court in deciding the case of Sparlin v. BAC Home Loans Servicing, CA-CV-2010-0173 (Ct. Ap. AzDiv. 2, 2011), had to consider arguments based on the theory of ‘show me the note.’ Sparlin had appealed the lower court decision … Continue reading
September 9, 2013 in Arizona | Permalink | No Comments
Arizona Court Affirms a Lower Court Decision That Possession of Note Was Not Needed for a Party to Initiate a Non-Judicial Foreclosure
The Arizona court in Maxa v. Countrywide Loans, Inc., 2010 WL 2836958 (D. Ariz. 2010) affirmed a lower court decision that possession of the note was not needed for a party to initiate a non-judicial foreclosure. The court also affirmed … Continue reading
September 9, 2013 in Arizona | Permalink | No Comments
September 3, 2013
Arizona Court Rejects Plaintiff’s Argument That MERS Lacked Authority to Foreclose
The Arizona court in Kane v. Bosco, No. 10-CV-01787-PHX-JAT, 2010 WL 4879177 (D.Ariz. 2010), after considering the plaintiffs contentions that MERS lacked the power to assign mortgages, proceeded to reject those arguments. In making such a rejection, the court held … Continue reading
September 3, 2013 in Arizona | Permalink | No Comments