REFinBlog

December 2, 2012

Idaho Supreme Court Rules for Bank, MERS, et al., Regarding Foreclosure Proceedings under Deed of Trust

In Trotter v. Bank of New York Mellon, 152 Idaho 842, 275 P.3d 857 (2012), holding for the defendant bank, the Supreme Court of Idaho held that under the Idaho Deed of Trust Act, the foreclosure process is a non-judicial … Continue reading →

Idaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust

In Ralph v. MetLife, No. CV 2010-0200 (D. Idaho Aug. 10, 2011), in granting partial summary judgment for the plaintiff homeowner, the court found that the defendant bank lacked authority to maintain a non-judicial foreclosure since MERS did not have … Continue reading →

November 29, 2012

New Jersey Bankruptcy Court Finds that “Non-Holder” Cannot Enforce Mortgage Note

In In re Kemp, 440 B.R. 624 (Bankr. D.N.J. 2010) the debtor/plaintiff brought an adversary proceeding to expunge a proof of claim filed on behalf of Bank of New York by loan servicer Countrywide Home Loans. At all relevant times, … Continue reading →

Florida Court Holds Bank Lacked Authority to Foreclose Absent Substantiation of Note Assignments

In Gee v. U.S. Bank Nat. Ass’n, 72 So. 3d 211 (Fla. Dist. Ct. App. 2011) the court held that summary judgment against appellant/homeowner was inappropriate because U.S. Bank failed to establish its authority to foreclose. A copy of the … Continue reading →

Texas Appellate Court Holds that Formal Transfer of Deed is Not Required to Initiate Foreclosure

In Robeson v. Mortgage Electronic Registration Systems, Inc., No. 02-10-00227-CV (Tex. App. –Fort Worth [2nd Dist.] 2012, pet. denied), the Texas Court of Appeals affirmed a summary judgment motion by MERS and the Midfirst bank granted by the trial court. … Continue reading →

November 20, 2012

Federal District Court in Texas Rules That Third-Party Lacks Standing in Recording-Fee Case

It appears that although courts may be receptive to claims about lost recording fees because of MERS, they won’t hear cases brought by third parties (at least, not in federal court). The citizens of a Texas county brought the claim … Continue reading →

Nevada Supreme Court Unanimously Rejects Irreparable Split Theory and Grants Bank Standing

In Edelstein v. Bank of New York, the Nevada Supreme Court unanimously rejected the irreparable split theory. The theory was brought up to challenge the Bank’s standing to foreclose on the plaintiff’s property. The irreparable split theory provides that a … Continue reading →