REFinBlog

October 15, 2013

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 →

October 9, 2013

Enforcing The Mortgage Note

Elizabeth Renuart has posted Uneasy Intersections: The Right to Foreclose and the UCC to SSRN. This is a subject that Brad and I have touched on a bit in the context of the Show Me The Note! defense, but Renuart … Continue reading →

United States Court of Appeals, First Circuit, Remands Lower Court’s Decision by Ordering a Hearing With Reasonable Notice on the Whether the Injunction Should be Continued

After the decision handed down from Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) On appeal, the plaintiff-appellees in United States Court of Appeals, First Circuit, [(Fryzel, et. al. v. Mortgage Electronic Registration Systems, Inc., No. 12–1526 (D.Ri., 2013)] brought … Continue reading →

Rhode Island Court Rules That under State law, Only Parties to a Contract May Seek to Have Rights Declared Under a Contract

The Rhode Island court in deciding Fryzel v. MERS, No. CA 10-352 (D.Ri., 2011) decided that under Rhode Island law, only parties to a contract may seek to have rights declared under a contract. The court found that the plaintiff … Continue reading →

October 4, 2013

A Welling of Judicial Discontent

Reuters ran a story that provides the next chapter to my post, Federal Judge Declares War on Wells Fargo.  The Reuters story is Massachusetts Judge Challenges Wells Fargo, Sparks Legal Fight (behind a paywall) and it reads in part: A … Continue reading →

October 3, 2013

Court Holds That Mortgagor Lacks Standing to Challenge the Propriety of Mortgage Assignments Under Rhode Island Law

The Rhode Island magistrate judge in Cosajay v. Mortgage Electronic Registration Systems, Inc., C.A. No. 10-442-M (D.R.I. June 23, 2011) issued “Reports and Recommendations,” holding that according to Rhode Island law a mortgagor “lacks standing to challenge the propriety of … Continue reading →