December 2, 2012
Idaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust
In Ralph v. MetLife, No. CV 2010-0200 (D. Idaho Aug. 10, 2011), in granting partial summary judgment for the plaintiff homeowner, the court found that the defendant bank lacked authority to maintain a non-judicial foreclosure since MERS did not have a beneficial interest in the deed of trust to rightfully transfer to the defendant. Since defendant was incapable of initiating a non-judicial foreclosure, they are incapable of complying with I.C. 45-1505, the statute governing trust deed foreclosures.
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