REFinBlog

February 14, 2013

Rhode Island Superior Court Rejects Plaintiff’s Challenge of the Validity of MERS’s Assignment

In Cafua v. Mortgage Electronic Registration Systems, et al., C.A. No. PC 2009-7407, (R.I. Super. June 20, 2012), the plaintiff alleged defaults in the foreclosure process prevented the foreclosing party (HSBC) from having the statutory power of sale. Specifically, the … Continue reading →

Maine Court Upholds Summary Judgment in Favor of Bank

In JPMorgan Chase Bank v. Harp, 10 A.3d 718 (Me. 2011), the court held that summary judgment in favor of the bank was proper, even though the Bank did not own both the mortgage and note when it filed its … Continue reading →

Maine Court Vacates Summary Judgment Ruling in Favor of Bank in a Foreclosure Action Because Bank’s Affidavits Contained Irregularities

In HSBC Mortgage Services, Inc. v. Murphy et al., 19 A.3d 815 (Me. 2011), the court held that the district court erred by granting the Bank’s summary judgment, because the Bank’s affidavits contained “serious irregularities.” In 2005, a mortgagor executed … Continue reading →

February 13, 2013

Michigan District Court holds that a Mortgage is Valid and Enforceable even if it is separated from the Promissory Note

In Marrocco v. Chase Bank, N.A., 12-10605, 2012 WL 3061031 (E.D. Mich. July 26, 2012), the Michigan District Court granted Chase Bank’s and MERS’s motion to dismiss. Marrocco obtained a loan of $181,000 from GreenPoint Mortgage Funding, Inc. As security … Continue reading →

February 12, 2013

The Michigan District Court holds that MERS has Standing to Initiate a Foreclosure by Advertisement

In Matthews v. Mortgage Elec. Registration Sys., 10-CV-13740, 2011 WL 2563180 (E.D. Mich. June 28, 2011), the Michigan District Court, affirmed the Magistrate Judge’s determination that MERS had standing to foreclose on the Matthews’ property. Shelia and Eugene Matthews took … Continue reading →

Federal District Court in Virginia Rules for Banks/MERS in Foreclosure Case

In Tapia v. U.S Bank, N.A., 718 F. Supp. 2d 689 (E.D. Va. 2010) aff’d, 441 F. App’x 166 (4th Cir. 2011), the Court granted all of Defendants’ motions to dismiss. The Judge held that declaratory judgment that the foreclosure proceeding … Continue reading →

Federal District Court in Virginia Rules for Lender/MERS in Foreclosure Case

In Merino v. EMC Mortgage Corporation, et. al., CIV.A 1:09-CV-1121, 2010 WL 1039842 (E.D. Va. Mar. 19, 2010), Plaintiff Homeowners executed two notes, and after defaulting filed suit alleging claims under the Fair Debt Collection Practices Act, claims for declaratory … Continue reading →