April 15, 2013
6th Circuit Upholds Foreclosure by Lender Under Michigan Law
The 6th Circuit upheld a foreclosure under Michigan law in Conlin v. MERS et al., (Case No. 12-2021, April 10, 2013). Plaintiff Conlin sought to have the foreclosure sale of his property “set aside based on alleged defects in the … Continue reading
April 15, 2013 in Massachusetts | Permalink | No Comments
April 12, 2013
Massachusetts Bankruptcy Court Denies Motion for Relief from Stay
In In Re Hayes, 393 B.R. 259, 261-62 (Bankr. D. Mass. 2008), the Debtor, Hayes, filed a voluntary Chapter 13 petition involving property encumbered by a mortgage, which secured an adjustable rate note. The note and mortgage identified Argent Mortgage … Continue reading
April 12, 2013 in Massachusetts | Permalink | No Comments
April 10, 2013
Can’t Stand It, Just Show Me The Note
The federal District Court for Massachusetts issued a Memorandum and Order in Ross v. Deutsche Bank National Trust Company that has two interesting aspects. First, it follows the 1st Circuit’s recently decided Culhane. Second, it reaffirms that “show me the … Continue reading
April 10, 2013 in Massachusetts | Permalink | No Comments
April 9, 2013
Massachusetts Appellate Court Upholds MERS’ Authority to Assign Mortgage
In Bassilla v. GMAC Mortgage, et al., No. 09-J-519 (Mass. App. Ct. Dec. 4, 2009), Court upheld MERS’ authority to assign the mortgage as the mortgagee. Such authority to assign its mortgage interest was held to exist despite the fact … Continue reading
April 9, 2013 in Massachusetts | Permalink | No Comments
April 5, 2013
Massachusetts Bankruptcy Court Holds that Mortgagee has Standing to Request Relief from Stay Because Homeowner Lacked Equity in his Property
In In re Lopez, 446 B.R. 12 (Bankr. D. Mass. 2011), the court granted Mortgagee’s Motion for Relief . On October 28, 2004, Henry Lopez—the Debtor—executed a note in the amount of $360,000 to Shelter Mortgage Company, LLC. To secure … Continue reading
April 5, 2013 in Massachusetts | Permalink | No Comments
February 25, 2013
Massachusetts District Court Holds that MERS, as Mortgagee and Nominee for Lender, has Authority to Assign Mortgage
The court in Rosa v. Mortg. Elec. Sys., Inc., 821 F. Supp. 2d 423 (D. Mass. 2011) held that the assignee bank had standing to foreclose on the homeowners. The homeowners argued that the bank did not have standing because … Continue reading
February 25, 2013 in Massachusetts | Permalink | No Comments
February 19, 2013
1st Circuit Holds that MA Borrowers Can Challenge Mortgage Assignments
A First Circuit panel (including Justice Souter) ruled that under Massachusetts law, “a mortgagor has standing to challenge a mortgage assignment as invalid, ineffective, or void (if, say, the assignor had nothing to assign or had no authority to make … Continue reading
February 19, 2013 in Massachusetts | Permalink | No Comments
