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December 2, 2012

Federal District Court in Idaho Rules Bank has Standing in Foreclosure Case

In Purdy v. Bank of America, No. 1:11-CV-00640-EJL-REB (D. Idaho Sept. 26, 2012), in granting Bank of America’s motions to dismiss, the Federal District Court in Idaho agreed with the magistrate judge that the securitization of a note does not … Continue reading →

Federal District Court in Idaho Rules for Bank, MERS, et al., Regarding Quiet Title Dispute

In Gilbert v. Bank of America N.A., No. 1:11-cv-00272-BLW (D. Idaho Sept. 15, 2011), the Idaho District Court granted defendant banks’ motion to dismiss, explaining that the plaintiff homeowner cannot bring a quiet title action without first tendering payment on … Continue reading →

Idaho Supreme Court Rules for Bank, MERS, et al., Regarding Foreclosure Proceedings under Deed of Trust

In Trotter v. Bank of New York Mellon, 152 Idaho 842, 275 P.3d 857 (2012), holding for the defendant bank, the Supreme Court of Idaho held that under the Idaho Deed of Trust Act, the foreclosure process is a non-judicial … Continue reading →

Idaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust

In Ralph v. MetLife, No. CV 2010-0200 (D. Idaho Aug. 10, 2011), in granting partial summary judgment for the plaintiff homeowner, the court found that the defendant bank lacked authority to maintain a non-judicial foreclosure since MERS did not have … Continue reading →