October 15, 2013
California Eastern District Court Notes There is no Requirement for the Production of the Original Note to Initiate a Non-Judicial Foreclosure Sale Under California Law
The California Eastern District Court in Castaneda et al v. Saxon Mortgage Services, Inc. et al., No. 2:2009cv01124 (E.D. Cal. 2010) dismissed the plaintiff’s claim alleging wrongful foreclosure due to foreclosing party’s lack of note. Plaintiffs Cesar and Suzzanne Castaneda … Continue reading
October 15, 2013 in California | Permalink | No Comments
Southern District of California Holds that Production of Original Note is Not Required to Proceed with a Non-Judicial Foreclosure
The United States District Court for the Southern District of California in Putkkuri v. Recontrust Co., Case No. 08cv1919 WQH (AJB) (S.D.Cal. 2009) granted the defendants’ motion to dismiss. The plaintiff in this case demanded written proof of the defendants’ … Continue reading
October 15, 2013 in California | Permalink | No Comments
California District Court Holds that Deed of Trust Authorizes MERS to Take Certain Actions
In Wadha v. Aurora Loan Services, CIV. NO. S-11-1784 KJM KJN (Dist. Ct., E.D. California. Feb 8, 2013), homeowners filed claims for wrongful foreclosure alleging that Aurora Loan Services was never assigned the beneficial interest in the deed of trust … Continue reading
October 15, 2013 in California | Permalink | No Comments
California Superior Court Upholds Language in Deed of Trust
In Obst v. Fannie Mae, No. 171619 (Shasta Cty. Super. Ct. July 11, 2011), the court denied the homeowner’s claim and upheld the language in the Deed of Trust. The original lender was Mortgageit, Inc. with MERS listed as the … Continue reading
October 15, 2013 in California | Permalink | No Comments
October 2, 2013
Southern District of California Bankruptcy Court Holds that MERS’ Role as Beneficiary Does Not Provide Protection Against Foreclosure Deficiencies
In In re Doble , BK 10-11296-MM13, 2011 WL 1465559 (Bankr. S.D. Cal. Apr. 14, 2011), the court held that MERS’ limited role as beneficiary of the deed of trust did not provide protection against foreclosure deficiencies. MERS’ role did … Continue reading
October 2, 2013 in California | Permalink | No Comments
California Court of Appeals Holds that MERS has Authority to Assign Beneficial Interest
In Forbes v. Countrywide Home Loans, Inc., E051309, 2011 WL 4985965 (Cal. Ct. App. Oct. 20, 2011), homeowner had acquired a single-family residence and later refinanced the property by obtaining two loans. Mortgage Funding, Inc. was the lender of both … Continue reading
October 2, 2013 in California | Permalink | No Comments
California Court of Appeals holds that MERS Does Not Bear Burden of Proving Valid Assignment
In Fontenot v. Wells Fargo Bank N.A, No. A130478, 198 Cal.App.4th 256 (Ca. Ct. App. 1st Dist. Aug. 11, 2011), Fontenot sued Wells Fargo Bank, MERS and three other entities after she defaulted and lost the property to foreclosure. In the fourth amended complaint, … Continue reading
October 2, 2013 in California | Permalink | No Comments