Editor: David Reiss
Brooklyn Law School

December 2, 2012

Idaho District Court Rules for Homeowner in Foreclosure Dispute under Deed of Trust

By Rafe Serouya

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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