February 21, 2013
Ohio Appellate Court Holds that Bank Lacks Standing Because It Commenced a Foreclosure Action Before Mortgage Was Assigned to Bank
In Wells Fargo Bank, N.A. v. Jordan, No. 91675, 2009 WL 625560 (Ohio Ct. App. March 12, 2009), the Ohio Court of Appeals ruled that the trial court erred in granting summary judgment, because Wells Fargo (the “Bank”) was not … Continue reading
February 21, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 18, 2013
Idaho Bankruptcy Court Rules Banks/MERS Lacked Authority to Transfer Notes
In In re WIlhem, 407 B.R. 392 (Bankr. D. Idaho 2009), the Idaho Bankruptcy Court, ruling in 5 similar cases, held that movant banks lacked standing to seek stay relief, and therefore, denied their motions. Movants did not demonstrate possession of the … Continue reading
February 18, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 17, 2013
North Carolina Appellate Court Finds for Home Owners, Concluding Bank Did Not Produce Sufficient Evidence of Assignment
In In re Adams, 204 N.C. App. 318, 693 S.E.2d 705 (2010) the Court of Appeals of North Carolina overturned the Superior Court and held that the alleged holder (Nationwide), while not required to present the original note and deed, … Continue reading
February 17, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 14, 2013
Maine Court Holds MERS Lacks Standing, Allows Bank to be Substituted to Prosecute the Foreclosure Action, but Overturns Bank’s Summary Judgment Motion Because of Flawed Procedure
In Mortgage Elec. Registration Sys., Inc. v. Saunders, 2 A.3d 289 (Me. 2010), the Supreme Court of Maine holds that (1) MERS lacks standing in the foreclosure action; (2) the substitution of the bank for MERS in the litigation was … Continue reading
February 14, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 13, 2013
New York Supreme Court Holds that Judgment of Foreclosure and Sale May be Vacated Where Bank did not Own the Mortgage Note and Mortgage on the Date it Commenced the Foreclosure Suit
In Wells Fargo v. Sposato, 2013 N.Y. Misc. LEXIS 75, 2013 NY Slip Op 30034(U) (N.Y. Sup. Ct. Jan. 7, 2013), the Supreme Court of New York, Richmond County held that a judgment of foreclosure and sale be vacated where … Continue reading
February 13, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 9, 2013
Arkansas Supreme Court Holds that MERS is Not a Necessary Party in Foreclosure Proceedings
In MERS, Inc. v. Southwest Homes of Arkansas, 301 S.W.3d 1 (AK S. Ct, 2009), the Supreme Court held that MERS was not a real party in interest and need not be named or served in a foreclosure action by … Continue reading
February 9, 2013 in MERS/Bank lacks standing | Permalink | No Comments
February 6, 2013
Oregon District Court Holds MERS Lacks Standing Because Not All Mortgage Assignments were Recorded
In Burgett v. Mortgage Elec. Registration Sys., Inc., 09-6244-HO, 2010 WL 4282105 (D. Or. Oct. 20, 2010), the Oregon District Court granted MERS’s motion for summary judgment in regards to Burgett’s Real Estate Settlement Procedures Act (RESPA) claim, and denied MERS … Continue reading
February 6, 2013 in MERS/Bank lacks standing | Permalink | No Comments
