February 7, 2013
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
February 7, 2013 in Rhode Island | Permalink | No Comments
February 5, 2013
Court in Rhode Island Rejects the Disconnection Theory
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
February 5, 2013 in Rhode Island | Permalink | No Comments
January 31, 2013
Rhode Island Court Denies Plaintiff’s Claim to Invalidate Foreclosure Sale
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
January 31, 2013 in Rhode Island | Permalink | No Comments
January 30, 2013
Rhode Island Superior Court Addresses Challenged to MERS
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
January 30, 2013 in Rhode Island | Permalink | No Comments