REFinBlog

September 13, 2013

Arkansas Court Denies MERS’ Motion to Set a Decree of Foreclosure

The Arkansas court in MERS v. Southwest Homes of Arkansas, 301 S.W.3d 1 (2009) denied MERS’ motion to set a decree of foreclosure, therein affirming the decision from the lower court. As the record beneficiary of the deed of trust, … Continue reading →

September 9, 2013

Arizona Court Grants Summary Judgment in Favor of MERS in Show Me the Note Claim

The Arizona court in deciding the case of Sparlin v. BAC Home Loans Servicing, CA-CV-2010-0173 (Ct. Ap. AzDiv. 2, 2011), had to consider arguments based on the theory of ‘show me the note.’ Sparlin had appealed the lower court decision … Continue reading →

Arizona Court Affirms a Lower Court Decision That Possession of Note Was Not Needed for a Party to Initiate a Non-Judicial Foreclosure

The Arizona court in Maxa v. Countrywide Loans, Inc., 2010 WL 2836958 (D. Ariz. 2010) affirmed a lower court decision that possession of the note was not needed for a party to initiate a non-judicial foreclosure. The court also affirmed … Continue reading →

September 3, 2013

Arizona Court Rejects Plaintiff’s Argument That MERS Lacked Authority to Foreclose

The Arizona court in Kane v. Bosco, No. 10-CV-01787-PHX-JAT, 2010 WL 4879177 (D.Ariz. 2010), after considering the plaintiffs contentions that MERS lacked the power to assign mortgages, proceeded to reject those arguments. In making such a rejection, the court held … Continue reading →

Arizona Court Dismisses Plaintiff’s Show-Me-The-Note Claim in Its Entirety

The Arizona Court that decided AOM Group LLC et al v. Mortgage IT, Inc. et al., No. CV 09-2639-PHX-SRB (D.Ariz.)(2010) held that the plaintiff’s ‘show me the note’ argument was lacking in merit. The plaintiff brought an action that challenged … Continue reading →

The United States District Court for the District of Arizona Reasons That the Plaintiff Agreed to Empower MERS to Foreclose

The United States District Court for the District of Arizona, in Silvas v. GMAC Mortgage, LLC, et al., cv00265 (AZ Dist., 2009), reaffirmed MERS’ standing as the beneficiary of a deed of trust. In the present case, the plaintiff brought … Continue reading →

The United States District Court for the District of Arizona Finds That the Borrower Gave MERS the Ability to Take Any Action, Which the Lender Would be Able to Take

The United States District Court for the District of Arizona, in Blau v. America’s Servicing Company, et al, No. CV-08-773 (D. Ariz., 2009), acknowledged that MERS, acting as a beneficiary, was the proper party to execute an assignment of the … Continue reading →