REFinBlog

Editor: David Reiss
Brooklyn Law School

February 7, 2013

First Circuit Hears RI Case Involving Hundreds of Foreclosures

By David Reiss

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

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February 7, 2013 in Rhode Island | Permalink | No Comments

February 5, 2013

Court in Rhode Island Rejects the Disconnection Theory

By Karl Dowden

In Payette v. Mortgage Electronic Registration Systems, No. PC-2009-5875, 2011 WL 3794701 (R.I. Sup. August 22, 2011), the plaintiffs do not challenge the allegation they defaulted on the note, however they challenged both the foreclosure sale and the title acquired … Continue reading

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February 5, 2013 in Rhode Island | Permalink | No Comments

January 31, 2013

Rhode Island Court Denies Plaintiff’s Claim to Invalidate Foreclosure Sale

By Karl Dowden

In Porter v. First NLC Financial Services LLC, No. PC 10-2526 (R.I. Sup. March 31, 2011), the plaintiff challenged the validity of a foreclosure sale conducted by MERS. The defendant’s motion for summary judgment was addressed in this opinion. The … Continue reading

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January 31, 2013 in Rhode Island | Permalink | No Comments

January 30, 2013

Rhode Island Superior Court Addresses Challenged to MERS

By Karl Dowden

One of the earliest opinions addressing challenges to MERS in Rhode Island is Bucci v. Lehman Bros. Bank, No. PC-2009-3888 (R.I. Sup. August 25, 2009). The plaintiff challenged MERS’s standing to foreclose on their house following the plaintiff’s default on … Continue reading

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January 30, 2013 in Rhode Island | Permalink | No Comments