REFinBlog

Editor: David Reiss
Cornell Law School

February 12, 2013

The Michigan District Court holds that MERS has Standing to Initiate a Foreclosure by Advertisement

By Robert Huberman

In Matthews v. Mortgage Elec. Registration Sys., 10-CV-13740, 2011 WL 2563180 (E.D. Mich. June 28, 2011), the Michigan District Court, affirmed the Magistrate Judge’s determination that MERS had standing to foreclose on the Matthews’ property. Shelia and Eugene Matthews took … Continue reading

Federal District Court in Virginia Rules for Banks/MERS in Foreclosure Case

By Rafe Serouya

In Tapia v. U.S Bank, N.A., 718 F. Supp. 2d 689 (E.D. Va. 2010) aff’d, 441 F. App’x 166 (4th Cir. 2011), the Court granted all of Defendants’ motions to dismiss. The Judge held that declaratory judgment that the foreclosure proceeding … Continue reading

Federal District Court in Virginia Rules for Lender/MERS in Foreclosure Case

By Rafe Serouya

In Merino v. EMC Mortgage Corporation, et. al., CIV.A 1:09-CV-1121, 2010 WL 1039842 (E.D. Va. Mar. 19, 2010), Plaintiff Homeowners executed two notes, and after defaulting filed suit alleging claims under the Fair Debt Collection Practices Act, claims for declaratory … Continue reading

Federal District Court in Virginia Rules for Lenders/MERS in Foreclosure Case

By Rafe Serouya

In Ramirez Alvarez v. Aurora Loan Services, 01:09CV1306, 2010 WL 2934473 (E.D. Va. July 21, 2010), Plaintiffs purchased the property at issue by executing two promissory notes and two deeds of trust. Defendant was the holder of the first promissory … Continue reading

Multnomah County Suing MERS and Big Banks

By Gloria Liu

Multnomah County in Oregon is suing MERS and 18 other co-defendants for $38 million. The co-defendants include Bank of America, JPMorgan Chase, CitiMortgage, HSBC, Wells Fargo and Oregon banks Bank of the Cascades, Lewis and Clark Bank and West Coast Bank. … Continue reading

February 11, 2013

Federal District Court in Idaho Rule for Banks/MERS in Foreclosure Case

By Rafe Serouya

In Washburn v. Bank of America, N.A., 1:11-CV-00193-EJL, 2011 WL 7053617 (D. Idaho Oct. 21, 2011), the Idaho District Court recommended that the Defendants’ Motion to Dismiss be granted. Plaintiff Homeowner had defaulted on her loan and received a notice of … Continue reading