August 22, 2013
Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws
The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading
August 22, 2013 in Downstream litigation by state | Permalink | No Comments
August 20, 2013
Court Rules MERS is Not Required to Register With the Secretary of State Because Enforcing Deeds of Trust Does Not Qualify as “Doing Business” in California
The court in Sulak v. Mortgage Electronic Registration Systems, Inc., et al., DCA No. E039775, (2004) found that the lower court properly denied the preliminary injunction and that the orders denying the TRO were proper. instant money In this case, the … Continue reading
August 20, 2013 in Downstream litigation by state | Permalink | No Comments
Arizona Court Holds That MERS is the Beneficiary With the Authority to Foreclose
The court in Ciardi v. The Lending Company, Inc. et al., 2010 WL 2079735 (D. Ariz. 2010) held that that MERS is the beneficiary with the authority to foreclose. In doing so the court granted the defendant’s motion to dismiss … Continue reading
August 20, 2013 in Downstream litigation by state | Permalink | No Comments
MERS’ Assignments are Recognized as Valid as New York Appellate Court Overturns ‘N.Y. v. Alderazi’ & ‘LaSalle v. Lamy’
In the case of Bank of New York v. Eddie Sachar, et al., 95 A.D.3d 695 (2012), the court found the Bank of New York Mellon had standing to foreclose based on a MERS assignment and the delivery of the … Continue reading
August 20, 2013 in Downstream litigation by state | Permalink | No Comments
August 19, 2013
NJF and UCC and Contract Law, Oh My!
Parsing how a court should approach a particular deed of trust foreclosure case can put you to sleep faster than crossing the poppy fields next to the yellow brick road. Does the Non-Judicial Foreclosure (NJF) statute govern? Does the state’s … Continue reading
August 19, 2013 in Downstream litigation by state | Permalink | No Comments
August 16, 2013
Stalled Foreclosures in NY Not a Violation of Federal Law
Judge Townes (EDNY) dismissed a putative class action, Cole v, Baum, 11-cv-3779 (July 11, 2013), against notorious foreclosure mill Steven J. Baum, P.C. and its principal relating to their failure to submit filings that would have triggered mandatory settlement conferences … Continue reading
August 16, 2013 in Downstream litigation by state | Permalink | No Comments
August 15, 2013
Laches Upends Priority of Mortgagee in Utah
Professor Wilson Freyermuth posted this summary of the Utah Supreme Court’s opinion, Insight Assets, Inc. v. Farias, ___ P.3d ___, 2013 WL 3990783 (August 6, 2013), to the DIRT listserv: Synposis: Although vendor purchase money mortgagee may generally have a … Continue reading
August 15, 2013 in Downstream litigation by state | Permalink | No Comments
