February 6, 2013
California Court of Appeals Affirmed Trial Court’s Decision Granting MERS Authority to Initiate Foreclosure Proceeding
In Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149, 121 Cal. Rptr. 3d 819 (2011), the California Court of Appeals in the Fourth District held that there was no legal authority which required the Court to entertain … Continue reading
February 6, 2013 in MERS/Bank has standing | 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 MERS/Bank has standing | Permalink | No Comments
Ohio Court of Appeals Holds that MERS, as Mortgagee, has Standing to Foreclose Despite Lacking a Beneficial Interest in the Note
In Mtge. Electronic Registration Sys., Inc., v. Mosley, 2010-Ohio-2886, the Court of Appeals of Ohio held that MERS had standing to foreclose on the homeowners. The court found that language in the mortgage naming MERS as nominee, as well as … Continue reading
February 5, 2013 in MERS/Bank has standing | Permalink | No Comments
February 4, 2013
Florida Court of Appeals Held that Bank Defendant had Standing to Bring Foreclosure Claim and Plaintiff’s Due Process Rights were Not Violated
In Harvey v. Deutsche Bank Nat. Trust Co., 69 So. 3d 300 (Fla. Dist. Ct. App. 2011), the District Court of Appeal of Florida, Fourth District, held that Deutsche Bank had standing to bring a foreclosure action as holder of … Continue reading
February 4, 2013 in MERS/Bank has standing | Permalink | No Comments
Florida Court of Appeal held that Loan Servicer Defendant was the Proper Holder of Promissory Note and Mortgage, and Granted Summary Judgment
In Riggs v. Aurora Loan Services, LLC, 36 So. 3d 932 (Fla. Dist. Ct. App. 2010), the District Court of Appeal of Florida, Fourth District, held that Aurora Loan Services, LLC, was the lawful holder of a promissory note and … Continue reading
February 4, 2013 in MERS/Bank has standing | Permalink | No Comments
January 31, 2013
United States District Court in California Denies Plaintiff’s Motion for Temporary Injunctive Relief, Allowing Non-Judicial Foreclosure
In Chilton v. Fed. Nat. Mortg. Ass’n, 1:09-CV-02187 OWW SM, 2009 WL 5197869 (E.D. Cal. Dec. 23, 2009), the United States District Court, in the Eastern District of California denied Chilton’s motion for temporary injunctive relief. Chilton filed a complaint … Continue reading
January 31, 2013 in MERS/Bank has standing | Permalink | No Comments
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 MERS/Bank has standing | Permalink | No Comments