Monday, January 24, 2011

Nevada: another non-judicial state where homeowners are gaining momentum

At least two recent opinions out of Nevada show that momentum continues to shift in favor of homeowners and away from the banksters. In Vega v. Ctx Mortgage Co, 3:10-cv-00405 (D. Nev., 2011), the court held that the plaintiff homeowner stated sufficient facts to claim that the statutory foreclosure by MERS, a party that could not prove itself either as an owner of the debt or such owner's agent, could be defective.

Similarly, in Huck v. Countrywide Home Loans Inc., 
 (D. Nev., 2010), the court wrote:

        The Court denies the motion to dismiss . . . because there remains a question of fact as to statutory defect in foreclosure. See Nev. Rev. Stat. § 107.080(2)(c). The entity who filed the NOD is not the original trustee or beneficiary, nor is there any evidence indicating the entity who filed the NOD was the agent or successor of one of these entities. This supports an injunction, so long as Plaintiffs are willing to do equity by making full monthly payments during the injunction period.

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