Editor: David Reiss
Brooklyn Law School

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

By Rafe Serouya

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’ contentions and conducted a de novo review of the record. The Court agreed with the Magistrate Judge’s conclusion that Plaintiffs are in default on their mortgage obligations, have not tendered payment of their obligation, and thus are not entitled to quiet title. Plaintiffs’ various other theories, one being that MERS is not a valid beneficiary entitled to enforce the note, are not supported by the case law or loan documents. Plaintiffs’ other claims were not supported either.

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