June 4, 2013
Rhode Island Superior Court: Homeowners Lack Standing to Challenge MERS Assignment
In Scarcello v. Mortgage Electronic Registration Systems, Inc., et al, C.A. No. KC 2011-0548 (R.I. Super. June 26, 2012), the court granted defendant MERS’s motion to dismiss plaintiffs’ complaint challenging assignee Aurora’s standing to foreclose and seeking an order to … Continue reading
June 4, 2013 in Downstream litigation by state | Permalink | No Comments
June 3, 2013
NY Federal Magistrate Issues Declaratory Ruling That Note Transfer Is Effective
Magistrate Judge Gold issued an opinion in Robinson v. H & R Block Bank, 12-Civ-4196 (EDNY, May 29, 2013). Professor Dale Whitman posted a commentary about it on the Dirt listserv and he has given us permission to cross-post it … Continue reading
June 3, 2013 in Downstream litigation by state | Permalink | No Comments
May 31, 2013
NY Appellate Court Rules Modification Not Enforceable in Foreclosure
The Appellate Division ruled in Wells Fargo Bank, N.A. v. Meyers, 2013 Slip Op. 03085 (2d Dep’t), that a failure to negotiate a loan modification in good faith, which is required under NY foreclosure law, does not support the unilateral … Continue reading
May 31, 2013 in Downstream litigation by state | Permalink | No Comments
May 23, 2013
Wyoming Supreme Court Upholds Assignment to MERS in Bankruptcy
Professor Wilson Freyermuth posted this summary of the Wyoming Supreme Court’s opinion In re Gifford, 2013 WY 54 (Wyo. Sup. Ct. May 8, 2013) to the DIRT listserv and has given us permission to cross-post it here: Synopsis: Wyoming Supreme … Continue reading
May 23, 2013 in Downstream litigation by state | Permalink | No Comments
May 15, 2013
Lender Agrees to Permanent Injunction of Non-Judicial Foreclosure in Colorado
A pro se plaintiff has won at least a procedural victory against her lender in Brumfiel v. U.S. Bank et al. (May 14, 2013) (12-cv-02716-WJM-MEH). US Bank filed a Notice of Withdrawal of the foreclosure action and then a Motion … Continue reading
May 15, 2013 in Downstream litigation by state | Permalink | No Comments
May 10, 2013
Bankruptcy Court for the District of Massachusetts Finds Bank had Failed to Prove it was Present Title Holder of the Mortgage, Denies Relief from Automatic Stay
In In re Moreno, 08-17715-FJB, 2010 WL 2106208 (Bankr. D. Mass. May 24, 2010), the Bankruptcy Court for the District of Massachusetts found that creditor/Property Asset Management, Inc. (“PAM”) had failed to prove its burden that it had standing to … Continue reading
May 10, 2013 in Downstream litigation by state | Permalink | No Comments
Michigan Federal District Court Finds that Holder of Unsigned Note Can Enforce
The District Court for the Eastern District of Michigan affirmed the Bankruptcy Court in Mentag v. GMAC Mortgage LLC, No. 12-13350 (Feb. 8, 2013), finding that the holder of the note was entitled to enforce it and has standing to … Continue reading
May 10, 2013 in Downstream litigation by state | Permalink | No Comments
