REFinBlog

November 13, 2013

Nevada District Court Holds that MERS Has Power to Start Foreclosure Action on Behalf of Lender

The federal district court of Nevada in Smith v. Community Lending, 773 F.Supp.2d 941 (D.N.V. 2011), held that MERS properly started a foreclosure action on behalf of the lender, Community Lending, Inc., because it found that MERS acted within the scope of … Continue reading →

Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners

The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is … Continue reading →

November 12, 2013

Wrongful Foreclosure Claim Survives Motion to Dismiss

Judge Conti (N.D. Cal.) issued an order granting in part and denying in part a motion to dismiss in Subramani v. Wells Fargo Bank N.A. et al., No. 13-1605 (Oct. 30, 2013). Plaintiff Subramani received a mortgage loan from Defendant … Continue reading →

Texas Court of Appeals Finds That Plaintiff’s Claim – That the Note and Deed of Trust Became “Split” – Has No Basis in Law

The Court of Appeals of Texas, Ninth District in deciding Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, 2013 Tex. App. LEXIS 13515, 2013 WL 5874607 (Tex. App. Beaumont Oct. 31, 2013) affirmed the lower court’s decision holding that … Continue reading →

Eastern District of California Dismisses Plaintiff’s Action, Thus Upholding Decision That Possession of Original Note is Unnecessary

The United States District Court for the Eastern District of California in Candelo et al v. NDEX West, LLC et al., No. CV F 08-1916 LJO DLB (E.D.Cal. 2008) dismissed the plaintiff’s action. In dismissing the plaintiff’s claims, the court … Continue reading →

Alabama Court Dismisses Plaintiff’s Insufficiently Plead Quiet Title Claim

The United States District Court for the Northern District of Alabama, Western Division, in deciding Orton v. Matthews, 2013 U.S. Dist. LEXIS 156870 (N.D. Ala. Nov. 1, 2013), granted [defendant] Bank of America’s motion to dismiss plaintiff’s claims pursuant to … Continue reading →

November 8, 2013

BAC Not Required to Evidence Holding Note in Texas Fourth Court of Appeals

In Lowery v. Bank of America, N.A., 2013 Tex. App. LEXIS 13114 (Tex. App. San Antonio Oct. 23, 2013), the Texas Fourth Court of Appeals affirms summary judgment for BAC Home Loan Servicing, LP dismissing homeowner’s claim that without evidence … Continue reading →