REFinBlog

September 24, 2013

Federal Judge Declares War on Wells Fargo

Never saw this before: And so, Wells Fargo wins on a technicality.  The Court never addresses the merits of this case and expresses no opinion thereon. Still, it is appropriate to point out that, were Henning to prove his case … Continue reading →

September 23, 2013

Deane Finds Us East of Eden

Last week, I discussed a NYLJ article about the “Show Me The Note” argument in New York. The article discussed a recent case, Bank of N.Y. Mellon v. Deane, 2013 Slip Op. 23244 (Sup. Ct. Kings Country July 11, 2013). … Continue reading →

United States District Court for the Central District of California Finds hat MERS Was the Beneficiary and Entitled to Foreclose

The United States District Court for the Central District of California in Derakhshan v. MERS, No. SACV08-1185 AG (2009) found that MERS was the beneficiary and therefore entitled to foreclose. This case, like many others before this court, involved the … Continue reading →

September 21, 2013

Court Rules That When MERS Assigned its Interest, it Did Not Commit Negligence Against the Borrower

The United States District Court of the Eastern District of California in deciding Baisa v. Indymac, MERS, et al, No. Civ. 2:09-1464 (E.D. Cal. 2009), found that MERS had the right to execute an assignment of the deed of trust … Continue reading →

Court Rules That MERS, as the Beneficiary on the Deed of Trust, Had the Authority to Make a Substitution of Trustee

The United States District Court of the Northern District of California in deciding Lomboy v. SCME Mortgage Bankers, Inc. et al, No. C-09-1160 SC (N.D. Cal. 2009) held that under California law, MERS was not required to register to do … Continue reading →

September 20, 2013

Northern District of California Rules That MERS Had the Authority to Appoint a Substitute Trustee

The United States District of the Northern District of California dismissed fraud claims brought by plaintiff against MERS in Labra v. Cal-Western Reconveyance Corp., No. C 09-02537 PJH (C.D. Cal. 2010). The court also denied the plaintiff’s request for injunctive … Continue reading →

California Court Finds That Under State Civil Code Section 2924(a), MERS Had the Right to Foreclose

The United States District Court for the Northern District of California Oakland Division in deciding Earl A. Dancy v. Aurora Loan Services, LLC, No: C10-2602 SBA (2010) found that the plaintiff’s contentions lacked merit. The court found that the plaintiff’s … Continue reading →