REFinBlog

January 24, 2013

Ohio State Court of Appeals Holds that Bank has Standing to Foreclose

In Deutsche Bank Natl. Trust Co. v. Traxler, 2010-Ohio-3940, the Court of Appeals, Ninth District of the State of Ohio held that the bank had standing to commence a foreclosure action against the homeowners. The homeowners argued that the bank … Continue reading →

January 23, 2013

Appellate Division of New Jersey Finds Deutsche Bank Did Not Have Standing to Foreclose Under NJSA 12A:3-301

In Deutsche Bank Nat. Trust Co. v. Mitchell, 422 N.J. Super. 214, 27 A.3d 1229 (App. Div. 2011) the Appellate Division of New Jersey reversed the trial court’s grant of summary judgment to plaintiff/Deutsche Bank. In doing so, the court … Continue reading →

Plaintiff’s Challenge to MERS While Not in Default Dismissed by Nevada Court

In Wellington v. Mortgage Electronic Registration Systems, Inc., et al., No. 2:12-CV-00541-KJD-VCF (D. Nev. Oct. 30, 2012), the plaintiff decided to challenge the use of MERS after learning of fraudulent activity in the mortgage industry. After failing to obtain documents … Continue reading →

Court Dismissed Claim of Violation of the Nevada False Claims Act

In State of Nevada, ex rel. Barrett Bates, et al. v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished),  the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to … Continue reading →

January 22, 2013

Alleged Violation of Deceptive Trade Practice Dismissed by Nevada Court

In Medina v. Quality Loan Service Corp., et al., No. 12-CV-00428-KJD-PAL (D. Nev. Oct. 25, 2012), the district court in Nevada addressed the plaintiff’s claim of a violation of the Nevada Deceptive Trade Practices Act. The Act prohibits sellers from … Continue reading →

January 18, 2013

New York Supreme Court, Appellate Division Holds that Bank Has Standing to Foreclose

In Countrywide Home Loans, Inc. v Delphonse, 64 A.D.3d 624 (2d Dept. 2009) the Supreme Court, Appellate Division, Second Department found that the lender, Countrywide Home Loans (Countrywide), had standing to foreclose on the Delphonses, the homeowners in the case, … Continue reading →

January 17, 2013

Plaintiff’s Claim Against MERS Time-Barred in Nevada

In Haischer v. Mortgage Electronic Registration Systems, Inc., et al., No. 2-11-cv-01786-GMN-RJJ (D. Nev. Sep. 17, 2012), the plaintiff challenged a foreclosure after the property was sold at a foreclosure auction. The plaintiff requested an order to set aside the … Continue reading →