November 16, 2013
Michigan Court Finds MERS Had Capacity to Assign Mortgage, and Bank of New York Mellon Had Capacity to Accept MERS’s Assignment of the Mortgage
The court in Maslowski v. Mortgage Elec. Registration Sys., 2013 U.S. Dist. LEXIS 155970, 2013 WL 5876608 (W.D. Mich. Oct. 31, 2013) found that dismissal under Fed. R. Civ. P. 12(b)(6) is appropriate. The plaintiff in this case [Maslowski] challenged … Continue reading
November 16, 2013 in Michigan | Permalink | No Comments
November 14, 2013
Michigan Court Dismisses Plaintiff’s State Law Based Claims of Wrongful Foreclosure
The United States District Court for the Eastern District of Michigan, Southern Division after considering the arguments in Ashford v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 156159, 2013 WL 5913411 (E.D. Mich. Oct. 31, 2013), dismissed the plaintiff’s … Continue reading
November 14, 2013 in Michigan | Permalink | No Comments
November 13, 2013
Michigan Court Finds Assignment From MERS to Bank of New York Was Valid
The United States District Court for the Western District of Michigan, Southern Division in Maslowski v. Mortg. Elec. Registration Sys., 2013 U.S. Dist. LEXIS 156299 (W.D. Mich. Sept. 26, 2013) granted defendants’ motion to dismiss. The crux of plaintiff’s claim … Continue reading
November 13, 2013 in Michigan | Permalink | No Comments
November 7, 2013
Michigan Court Concludes that the Servicer of the Loan Was Not in Violation of the Notice or Loan-Modification Requirements of Michigan’s Foreclosure-by-Advertisement Statute
The Michigan court in deciding the home mortgage foreclosure case of Pettey v. CitiMortgage, Inc., 2013 U.S. App. LEXIS 22299, 2013 FED App. 0936N (6th Cir.), 2013 WL 5832535 (6th Cir. Mich. 2013), concluded that the servicer of the loan … Continue reading
November 7, 2013 in Michigan | Permalink | No Comments
July 30, 2013
Michigan District Court Holds That MERS Cannot Foreclose by Advertisement But Can Assign its Security Interest
In Knox v. Trott & Trott, No. 10-13175, Dist. Court, (Michigan 2011) the court denied the plaintiff’s motion for reconsideration under Rule 60(b)(3) and (4). Knox maintained that the court erred in rejecting his argument that the defendants lacked standing under … Continue reading
July 30, 2013 in Michigan | Permalink | No Comments
July 12, 2013
Bank of America and MERS Motion for Dismissal Granted Against Homeowner-Plaintiff in Reconsideration of Order Denying Preliminary Injunction in Foreclosure Proceeding
In Harris v. Americas Wholesale Lender, No. 2011-659-CH (Macomb Cty. Cir. Ct. June 8, 2011) the court granted the defendant’s motion for dismissal of all the homeowner-plaintiff’s claims in foreclosure proceeding. Defendants Countrywide, Bank of America, and MERS moved for … Continue reading
July 12, 2013 in Michigan | Permalink | No Comments
June 24, 2013
Michigan Supreme Court Rules MERS’s Foreclosure Valid
The Michigan Court of Appeals considered two cases involving MERS-related foreclosures, Residential Funding Co., LLC v. Saurman and Bank of New York v. Messner, 292 Mich. App. 321 (April 21, 2011) deciding whether MERS is an entity permitted to foreclose … Continue reading
June 24, 2013 in Michigan | Permalink | No Comments
