November 7, 2013
Eastern District of California Finds That MERS Was Not Required to Register to do Business in California
The Eastern District of California in deciding Bogdan v. Countrywide Home Loans, CIV-F-09-1055 AWI SMS (E.D. Cal. 2010), found that MERS was not required to register to do business in California. Based off of this finding the court subsequently dismissed … Continue reading
November 7, 2013 in California | Permalink | No Comments
October 27, 2013
California Northern District Court Dismissed Plaintiff’s Claims Due to Flawed Reliance on Non-California Law
The California Northern District Court in deciding Newbeck v. Washington Mutual Bank, et al., No. C 09-1599 CW (N.D. Cal., 2010), dismissed the plaintiff’s claims. In reaching this conclusion, the California Northern District Court noted that plaintiffâs reliance on non-California … Continue reading
October 27, 2013 in California | Permalink | No Comments
Eastern District of California Found That MERS Was Not Required to Register to do Business in California
The United States District Court, Eastern District of California, in deciding Bogdan v. Countrywide Home Loans, 09-1055 (E.D. Cal. 2010), found that MERS was not required to register to do business in California. The Eastern District of California, after considering … Continue reading
October 27, 2013 in California | Permalink | No Comments
Eastern District of California Dismisses Plaintiff’s Wrongful Foreclosure Claims Due to Plaintiffs’ Lack of Tender
The United States District Court, Eastern District of California in deciding the case of Small v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:09-CV-0458 (E. D. Cal., 2010), concluded that dismissing the plaintiff’s wrongful foreclosure claims due to lack … Continue reading
October 27, 2013 in California | Permalink | No Comments
October 16, 2013
Glaski Full of It?
I had blogged about Glaski v. Bank of America, No. F064556 (7/31/13, Cal. 5th App. Dist.) soon after it was decided, arguing that it did not bode well for REMICs that did not comply with the rules governing REMICS that … Continue reading
October 16, 2013 in California | Permalink | No Comments
California Court Found That MERS Held Interests in the Property and Rejected the Plaintiff’s Argument that MERS Lacked Standing
The California court in deciding Nacif v. White-Sorensen, et al., NO. D056993. (San Diego Ct. Sup. Ct., 2009), determined that MERS held interests in the property and rejected the plaintiff’s argument that MERS had no standing because it was not … Continue reading
October 16, 2013 in California | Permalink | No Comments
October 15, 2013
Court Finds That MERS, as the Beneficiary Under the Deed, Had the Authority to Assign its Beneficial Interest
The United States District Court, Northern District California in Benham v. Aurora Loan Services, No. C-09-2059, (N.D.Cal. 2009)Â dismissed the plaintiff’s claims in the entirety. The plaintiff brought a litany of claims. Among the plaintiff’s claims, was that MERS and violated … Continue reading
October 15, 2013 in California | Permalink | No Comments