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MERS Touts Huge Wave of Favorable Rulings 

Recent litigation involving challenges to MERS

Dec. 30, 2012

By SAM GARCIA Mortgage Daily


portrait of Sam Garcia

The past few months have seen a wave of more than four dozen favorable rulings for Mortgage Electronic Registration Systems Inc. At least two rulings didn't bode well for the electronic registry.

Plaintiffs who originally obtained a $107,000 loan through American Mortgage Network Inc. in March 2006 filed a lawsuit against MERS and Fannie Mae to quiet title in their favor and declare a foreclosure sale null and void. Setha and Yoy Sam allege that an assignment of the mortgage interest is invalid, the note is current or satisfied, and proper notice of foreclosure was never filed.

A Rhode Island superior court judge on Dec. 20 denied the defendants' motion to dismiss the case, noting in his decision that the if the allegations in the complaint are proven to be true, then they state a claim for relief.

The U.S. Court of Appeals, Eighth Circuit, affirmed a lower court dismissal of several claims in a lawsuit filed by several plaintiffs who had loans serviced by Aurora Loan Services LLC.

However, the wholesale dismissal of a quite title claim was reversed by the Eighth Circuit because assignments from MERS to Aurora were either unrecorded or executed by individuals lacking the legal authority to do so.

A recent ruling by the U.S. District Court for the Western District of Washington announced by MERS found that MERS involvement in a trust deed executed by Kevin E. and Sheena Kullman did not prevent the note-holder from initiating the non-judicial foreclosure process or cause injury to the borrowers -- an element that is needed for a Consumer Protection Act claim. A recent decision in the case Bain v. Metropolitan Mortgage Group was cited by the judge.

A similar conclusion was reached by the same judge in Judy Lynott's lawsuit against MERS; U.S. Bank, N.A.; and JPMorgan Chase, N.A.

"Here, plaintiff's claims arise from a fundamental misunderstanding of the law," the judge wrote in the Lynott decision. "U.S. Bank is the beneficiary of the deed because it holds plaintiff's note, not because MERS assigned it the deed."

On Dec. 14, a decision from the Supreme Court of the State of Nevada affirmed the trial court decision in favor of MERS in the case Ashley v. MERS, et al. On the same day, the same three-justice panel ruled in favor of MERS in Sanchez v. OneWest Bank, FSB, et al.

In White v. Citibank, N.A., a Georgia Superior Court judge found the borrower's claim that the loan documents were defective and the assignment of the security deed executed by MERS was faulty to be "meritless."

MERS announced that rulings were issued in its favor during November in the following cases.

Case Title Decision Date Case Number Court
Connell v. CitiMortgage Nov. 13 Case No. 1:11-cv-00443-WS-C U.S. District Court for the Southern District of Alabama
Henry v. Arizona Trust Deed Corporation Nov. 2 Case No. 2:12-cv-01055-JAT U.S. District Court for the District of Arizona
The Fidelity Land Trust Company v. Centex Home Equity Company Nov. 2 Case No. 8:12-CV-2309-T-27TBM U.S. District Court for the Middle District of Florida
Pfaeffle v. MERS Nov. 16 Case No. CV-2011-0000068 District Court of the Fifth Judicial District of the State of Idaho
Seward v. Fremont Investment & Loan November Case No. CV-2012-1078 District Court of the Seventh Judicial District of the State of Idaho
Commonwealth of Massachusetts v. Bank of America, N.A., et al. Nov. 30 Case No. 11-4363-BLSI Commonwealth of Massachusetts Superior Court
Jones v. Bank of America Nov. 6 Case No. 2:12-cv-11608-VAR-MJH U.S. District Court for the Eastern District of Michigan
Minneweather v. Wells Fargo Bank Nov. 19 Case No. 2:12-cv-13391-AC-MAR U.S. District Court for the Eastern District of Michigan
Cabacoff v. Wells Fargo Nov. 5 Case No. 12-cv-56-PB U.S. District Court for the District of New Hampshire
Giroux v. FNMA Nov. 15 Case No. 211-2011-CV-00299 The State of New Hampshire Judicial Branch Superior Court
U.S. Bank National Association v. Madero Nov. 15 Index No. 102965/08 Supreme Court of the State of New York
Bank of America v. Bowers November Case No. CV 2011-12-6967 The Court of Common Please, Summit County, Ohio
Delaney v. Bank of New York Mellon Nov. 9 Case No. CV 100030 Crook County Circuit Court, Oregon
Equivest, LLC v. Alexander November Case No. NC 2009-0676 Rhode Island Superior Court
Crum v. WMC Mortgage Corporation Nov. 14 Case No. 3:11-cv-02029-N U.S. District Court for the Northern District of Texas
Morlock LLC v. Bank of New York Mellon Nov. 30 Case No. 4:12-cv-01585 U.S. District Court for the Southern District of Texas

The following MERS cases saw favorable judgments issued in October and prior.

Case Title Decision Date Case Number Court
Campbell v. California Reconveyance Company Oct. 25 2:11-cv-00180-DGC U.S. District Court for the District of Arizona
Milani v. One West Bank Oct. 17 11-15378 U.S. Court of Appeals for the 11th Circuit
Stevens v. BAC Home Loans Servicing Oct. 23 1:12:cv-00644-ODE U.S. District Court for the Northern District of Georgia
Crutcher v. CitiMortgage Sep. 20 1:12-cv-00455-JOF U.S. District Court for the Northern District of Georgia
Van Kirk v. Bank of America Corporation Oct. 1 1:11-cv-00621-BLW-REB U.S. District Court for the District of Idaho
Purdy v. Aegis Wholesale Corporation Sep. 26 1:11-cv-00640-EJL-REB U.S. District Court for the District of Idaho
Gilbert v. Bank of America Sep. 26 1:11-cv-00272-BLW-CWDGS U.S. District Court for the District of Idaho
Homeyer v. Bank of America, N.A. Sep. 17 1:12-cv-0021-EJL-CWD U.S. District Court for the District of Idaho
Showell v. BAC Home Loans Servicing, LP Sep. 17 4:11-cv-00489-CWD U.S. District Court for the District of Idaho
Williams v. Bank of America, N.A. Sep. 17 1:11-cv-00383-BLW-REB U.S. District Court for the District of Idaho
Ohlsen v. Bank of America, N.A. Sep. 18 1:11-cv-00357-BLW-REB U.S. District Court for the District of Idaho
Cordero v. America's Wholesale Lender Oct. 15 1:12-cv-00099-CWD U.S. District Court for the District of Idaho
O'Banion v. Select Portfolio Services, Inc. Oct. 9 1:09-cv-00249-EJL-CWD U.S. District Court for the District of Idaho
Cutts v. Green Tree Servicing, LLC Oct. 24 CV-2012-4495 District Court of the Seventh Judicial District of the State of Idaho
CitiMortgage v. Barabas Oct. 4 48S04-1204-CC-00213 Indiana Supreme Court
Metlife Home Loans v. Hansen Oct. 2 106,846 Court of Appeals of the State of Kansas
Marron v. HSBC Bank Sep. 26 4:11-cv-40191-NMG13 U.S. District Court for the District of Massachusetts
Allemon v. Countrywide Home Loans Oct. 25 Case No. 2:11-cv-15400-PDB-MKM U.S. District Court for the Eastern District of Michigan
Ethridge v. Countrywide Home Loans Oct. 16 Case No. 2:12-cv-10705-NGE-LJM U.S. District Court for the Eastern District of Michigan
Vollmar v. Federal National Mortgage Association Oct. 11 2:12-cv-11119-BAF-DRG U.S. District Court for the Eastern District of Michigan
Oppong-Agyei v. Chase Home Finance Oct. 24 File No. 19HA-CV-11-3026 State of Minnesota District Court First Judicial District
Edelstein v. Bank of New York Mellon Sep. 27 57430 SUPREME COURT OF THE STATE OF NEVADA
Haischer v. MERS Sep. 17 2:11-cv-01786-GMN -RJJ U.S. District Court for the District of Nevada
Medina v. Quality Loan Service Corporation Oct. 25 2:12-cv-00428-KJD-PALJ U.S. District Court for the District of Nevada
Wellington v. MERS Oct. 30 2:12-CV-00541-KJD-VCF U.S. District Court for the District of Nevada
Bank of New York v. Alderazi Oct. 17 Index No. 21739/08 Supreme Court of the State of New York Appellate Division
Montgomery County v. MERS Oct. 19 2:11-cv-06968-JCJ-VCF U.S. District Court for the Eastern District of Pennsylvania
MERS v. Ditto Sep. 26 Docket No. 12-0058, Docket No. 11208, Item 129323 Chancery Court for Hamilton County, Tennessee
Robeson v. MERS Oct. 26 02-10-00227-CV Supreme Court of Texas
Huml v. MERS Oct. 25 3:12-cv-00146-DCGS U.S. District Court for the Western District of Texas
Kramer v. Fannie Mae May 15 1:12-cv-00276-SS U.S. District Court for the Western District of Texas
Richard v. CIT Group July 21 4:12-cv-00848-SS U.S. District Court for the Southern District of Texas
Bridges v. J.P. Morgan Chase Bank, et al. Sep. 21 1:12-cv-00635-SS U.S. District Court for the Western District of Texas



MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; AMERICAN MORTGAGE NETWORK, INC.; FEDERAL NATIONAL MORTGAGE ASSOCIATION.
C.A. No. PC2011-4372, decision filed on Dec. 20, 2012 (Superior Court of Rhode Island, PROVIDENCE)

Kevin E. Kullman, and Sheena Kullman, Plaintiffs, v. Northwest Trustee Services, Inc., et al., Defendants.
Case No. 12-cv-5852-RBL (U.S. District Court for the Western District of Washington).

Judy Lynott, Plaintiff, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants.
Case No. 12-cv-5572-RBL (U.S. District Court for the Western District of Washington).

Paul Ashley, Appellant, vs. Mortgage Electronic Registration Systems; Fidelity National Title Insurance Co.; and United Homes Exchange 1 LLC, Respondents.
Case No. 57254, decision on Dec. 14, 2012 (Supreme Court of the State of Nevada)

Mario Sanchez and Martha Sanchez, Appellants, vs. OneWest Bank, FSB; Regional Trustee Services Corporation; Federal National Mortgage Association; and Mortgage Electronic Registration Systems, Inc., Respondents.
Case No. 57918, decision filed on Dec. 14, 2012 (Supreme Court of the State of Nevada).

Wendel C. White, Plaintiff, v. Citibank N.A., and Citimortgage, Inc., MERSCORP, Mortgage Electronic Registration Systems, Inc., and ACE Homes, LLC, Defendants.
Civil Action File No. 11-A-10818-8, decision filed on Dec. 14, 2012 (Superior Court of Gwinnett County, State of Georgia).

Kevin M. Murphy and Kathleen K. Murphy, James L. Lang, Charlene Ann Brady, Erika R. Hogenson, Harold J. Thompson, III, Julianne Thompson, Miriam E. Stone, Jeffrey A. Kirschbaum, Tou A. Vang and May K. Vang, Plaintiffs-Appellants, v. Aurora Loan Services, LLC, Aurora Bank FSB, Mortgage Electronic Registration Systems, Inc., Merscorp, Inc., and Wilford & Geske, P.A., Defendants-Appellees.
Case No. 12-1398, decision filed on Nov. 8, 2012 (U.S. Court of Appeals, Eighth Circuit).


Sam Garcia founded Mortgage Daily in 1998 and became its full-time publisher in 2000. Prior to his news career he worked in mortgage lending for two decades.

e-mail:
[email protected]




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