REFinBlog

February 11, 2013

Federal District Court in Idaho Rules for Bank on Various Claims and Dismisses Claim that MERS Was Not a Valid Beneficiary in Foreclosure Case

In Ohlsen v. Bank of America, 1:11-CV-00357-BLW, 2012 WL 4139530 (D. Idaho Sept. 18, 2012), Plaintiff Homeowners filed an objection challenging the Report and Recommendation of a Magistrate Judge that their complaint be dismissed. The Court here considered the Plaintiffs’ … Continue reading →

February 9, 2013

Utah District Court Holds that MERS has Authority to Assign Beneficial Interest

In Fowler v. ReconTrust Company, N.A., No. 2:10 CV 01143, 2011 WL 839863 (D. Utah March 10, 2011), the United States District Court of Utah held that Plaintiffs had no viable claim for quiet title because the trust deed executed … Continue reading →

Utah District Court Holds that MERS has the Right to Foreclose on Property even though the Promissory Note was Sold for Purposes of Securitization

In Commonwealth Property Advocates v. Citimortgage, Inc., No. 2:10 CV 00885 CW, 2011 WL 98491 (D. Utah Jan. 12, 2011), the United States District Court of Utah held that MERS had a right to foreclose the property at issue regardless … Continue reading →

Tenth Circuit Holds that MERS has Authority to Initiate Non-Judicial Foreclosure in Utah

In Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc, 474 F. App’x 732 (10th Cir. 2012), the United States Court of Appeals for the Tenth Circuit held that Mortgage Electronic Registration Systems, Inc (“MERS”) had authority to initiate non-judicial … Continue reading →

Pennsylvania Court Denies MERS Motion to Dismiss and Rules that a Recorder of Deeds May Bring a Quiet Title Action to Compel MERS to Record Mortgage Assignments

In Montgomery County, Pennsylvania v. MERSCORP, INC., No. 11 CV 6968, 2012 WL 5199361 (E.D. Pa. Oct. 19, 2012), the court denied MERS’s motion to dismiss because 21 Pa. Stat. 351 requires recordation of all conveyances and because the “Legislature … Continue reading →

Pennsylvania Court Voids Default Judgment and Sets Aside Sheriff’s Sale

In Wells Fargo Bank, N.A. v. Lupori, 8 A.3d 919 (Pa. Super. 2010), the court “reverse(d) the trial court’s order denying the [Plaintiff’s] petition to strike the default judgment against them and set aside the sheriff’s sale.” The court cited … Continue reading →

Pennsylvania Court Holds that a Homeowner May Bring Suit in Federal Court After State Court Issued a Judgment of Default against Homeowner

In Straker v. Deutsche Bank National Trust, et al., No. 3:09 CV 338, 2011 WL 398374 (M.D. Pa. Feb. 3, 2011), the district court held that a homeowner’s case would not be dismissed, as requested by Defendants, due to subject … Continue reading →