REFinBlog

July 16, 2013

Minnesota District Court Dismisses Plaintiff’s Fraud Claims and Holds That MERS Had Legal Title and Authority to Foreclose

The Minnesota District Court in Allen v. Wilford & Geske et al.,No. 70-CV-10-29502 (D. Minn. May 9, 2011), after hearing the plaintiff’s contentions, dismissed his complaint for foreclosure fraud. The court held that MERS had legal title and authority to … Continue reading →

California Court Affirms MERS’ Authority to Assign its Interest Under a Deed of Trust

The court in Hollins v. ReconTrust et al., Civil No. 2:11-cv-00945-PSG –PLA (C.D. Cal. May 6, 2011) affirmed MERS’ authority to assign its interest under a deed of trust and granted MERS’ motion to dismiss. The plaintiffs claimed that the … Continue reading →

Jefferson County Circuit Court Holds That Fannie Mae Had Standing to Bring Ejectment Action

The circuit court in Fannie Mae v. Steele, Jefferson County Circuit Court No. 09-900069 (May 18, 2011) found in favor of the plaintiff [Fannie Mae], by deciding to deny the defendants’ motion to set aside the judgment for possession. The … Continue reading →

July 15, 2013

Oregon Court Holds That Oregon’s Non-Judicial Foreclosure Statute Does Not Require Presentment of the Note

The court in Buckland v. Aurora Loan Services, Josephine County No. 10 CV 1023 (March 18, 2011) granted the defendant’s motion to dismiss the plaintiff’s complaint for wrongful foreclosure with prejudice. MERS, although not being a party to the case, … Continue reading →

Indiana Supreme Court Allows Citimortgage to Intervene in ReCasa’s Foreclosure Proceeding

In Citi v. Barnabas, 975 N.E.2d 805 (Ind. 2012), the Indiana Supreme Court held that Citimortgage had a right to intervene in ReCasa’s foreclosure proceeding and sale since Citi held a first mortgage on the property, reversing the decision of … Continue reading →

Florida Court Dismisses Class Action Against MERS Over Unpaid Recording Fees

The court in Fuller v. MERS, No. 11cv-1153 (M.D. Fla., June 27, 2012) was “confronted with an old problem: the difficulty of reconciling new technology with old law, thus raising the centuries old separation of powers controversy.” In deciding this … Continue reading →

Oregon District Court Finds Claim Preclusion Bars Stop-Foreclosure Action

In Buckland v. MERS, Or. 11-3053-CL (2011) the court dealt with res judicata and the plaintiff relitigating the same claims that were raised or could have been raised in a previous action. The court found that the same factual transaction … Continue reading →