Editor: David Reiss
Brooklyn Law School

December 2, 2012

Federal District Court in Idaho Rules for Bank, MERS, et al., Regarding Quiet Title Dispute

By Rafe Serouya

In Gilbert v. Bank of America N.A., No. 1:11-cv-00272-BLW (D. Idaho Sept. 15, 2011), the Idaho District Court granted defendant banks’ motion to dismiss, explaining that the plaintiff homeowner cannot bring a quiet title action without first tendering payment on their debt obligation. The Court further held that even if they agreed with homeowner’s argument that ReconTrust lacked legal authority to execute the notice of default due to improper appointment by Bank of America, the tender is a necessary prerequisite to their claim.

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