REFinBlog

October 27, 2013

California Northern District Court Dismissed Plaintiff’s Claims Due to Flawed Reliance on Non-California Law

The California Northern District Court in deciding Newbeck v. Washington Mutual Bank, et al., No. C 09-1599 CW (N.D. Cal., 2010), dismissed the plaintiff’s claims. In reaching this conclusion, the California Northern District Court noted that plaintiff‘s reliance on non-California … Continue reading →

Eastern District of California Found That MERS Was Not Required to Register to do Business in California

The United States District Court, Eastern District of California, in deciding Bogdan v. Countrywide Home Loans, 09-1055 (E.D. Cal. 2010), found that MERS was not required to register to do business in California. The Eastern District of California, after considering … Continue reading →

October 16, 2013

California Court Found That MERS Held Interests in the Property and Rejected the Plaintiff’s Argument that MERS Lacked Standing

The California court in deciding Nacif v. White-Sorensen, et al., NO. D056993. (San Diego Ct. Sup. Ct., 2009), determined that MERS held interests in the property and rejected the plaintiff’s argument that MERS had no standing because it was not … Continue reading →

October 15, 2013

Court Finds That MERS, as the Beneficiary Under the Deed, Had the Authority to Assign its Beneficial Interest

The United States District Court, Northern District California in Benham v. Aurora Loan Services, No. C-09-2059, (N.D.Cal. 2009) dismissed the plaintiff’s claims in the entirety. The plaintiff brought a litany of claims. Among the plaintiff’s claims, was that MERS and violated … Continue reading →

California Eastern District Court Notes There is no Requirement for the Production of the Original Note to Initiate a Non-Judicial Foreclosure Sale Under California Law

The California Eastern District Court in Castaneda et al v. Saxon Mortgage Services, Inc. et al., No. 2:2009cv01124 (E.D. Cal. 2010) dismissed the plaintiff’s claim alleging wrongful foreclosure due to foreclosing party’s lack of note. Plaintiffs Cesar and Suzzanne Castaneda … Continue reading →

California District Court Holds that Deed of Trust Authorizes MERS to Take Certain Actions

In Wadha v. Aurora Loan Services,  CIV. NO. S-11-1784 KJM KJN (Dist. Ct., E.D. California. Feb 8, 2013), homeowners filed claims for wrongful foreclosure alleging that Aurora Loan Services was never assigned the beneficial interest in the deed of trust … Continue reading →

California Superior Court Upholds Language in Deed of Trust

In Obst v. Fannie Mae, No. 171619 (Shasta Cty. Super. Ct. July 11, 2011), the court denied the homeowner’s claim and upheld the language in the Deed of Trust. The original lender was Mortgageit, Inc. with MERS listed as the … Continue reading →