March 28, 2013
US District Court of Nevada Dismisses Motion of Wrongful Foreclosure, Negligence and Quiet Title
In Vazquez v. Aurora Loan Services, No. 2:08-CV-01800-RCJ-RJJ, 2009 WL 1076807 (D. Nev. 2009), the court granted MERS’ motion to dismiss claims of wrongful foreclosure, negligence and quiet title and found that the land records “sufficiently demonstrate[d] standing by Defendants with respect to the loan and the foreclosure conducted pursuant to applicable law and the Nevada foreclosure statues.” The court rejected the negligence claim because it found that neither Aurora nor MERS were the broker or lender of Plaintiffs’ conventional home mortgage loan and neither owed the alleged negligence duty as a matter of law. The quiet title claim was also dismissed because no claim was stated for wrongful closure, therefore no basis to quiet title.
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