REFinBlog

February 8, 2013

Minnesota Court of Appeals holds that MERS has Standing to Foreclose By Advertisement

repayments many people have In In re Sina, No. A06-200, 2006 WL 2729544 (MN. Ct. App. 2006), the Court of Appeals of Minnesota held that MERS had standing to foreclose when it held legal title to a mortgage and was acting as … Continue reading →

Nebraska Supreme Court Holds that MERS is Not a Mortgage Broker

In MERS, Inc. v. Nebraska Dept. of Banking & Fin, 704 N.W.2d 784 (NE S. Ct. 2005), the Supreme Court held that MERS was not a mortgage broker under the Mortgage Bankers Registration and Licensing Act. The court agreed with … Continue reading →

Arkansas District Court Dismisses Recording Fee Case

In Brown v. Mers, No. 11-cv-06070 (W.D. Ark., 2012), the Arkansas District Judge dismissed a recording-fee lawsuit filed against MERS and held that state laws do not require mortgage assignments to be recorded. The case had transformed into a class … Continue reading →

February 7, 2013

Minnesota District Court Holds that MERS Could Foreclose on Homeowners’ Property even though MERS was not the Holder of the Promissory Note

In Kraus v. CitiMortgage, Inc., CIV. 11-3213 DWF/FLN, 2012 WL 1581113 (D. Minn. May 4, 2012), the Minnesota District Court found that homeowners/borrowers’ complaint lacked particularity. Plaintiffs are thirteen homeowners and loan borrowers who executed promissory notes with six different … Continue reading →

Oregon District Court Holds that MERS could Assign Deed of Trust and Wells Fargo Bank could Initiate Foreclosure Proceedings

In Neilson v. Wells Fargo Bank, NA, CV 10-1516-MO, 2011 WL 3476523 (D. Or. Aug. 9, 2011), the Oregon District Court granted Wells Fargo Bank’s motion for summary judgment because Neilson (homeowner) failed to show a likelihood of success and … Continue reading →

Rhode Island Superior Court Adopts Payette Opinion

In Breggia v Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-4144 (R.I. Super. April 3, 2012), the plaintiff brought a declaratory judgment claim to quiet title following a foreclosure sale. The plaintiff alleged a defective foreclosure sale occurred. … Continue reading →

First Circuit Hears RI Case Involving Hundreds of Foreclosures

The First Circuit has heard oral argument on February 5th in In Re Mortgage Foreclosure Cases.  In that consolidated case, a Rhode Island District Court judge had stayed over 700 foreclosures until a good faith attempt to settle the cases … Continue reading →