13 ms·

looks like Trotter lost... https://law.justia.com/cases/idaho/supreme-court-civil/2012/38022.html https://law.justia.com/cases/idaho/supreme-court-civil/2012/..

looks like Trotter lost... https://law.justia.com/cases/idaho/supreme-court-civil/2012/38022.html https://law.justia.com/cases/idaho/supreme-court-civil/2012/... https://www.housingwire.com/articles/idaho-supreme-court-decision-gives-mers-court-win https://www.housingwire.com/articles/idaho-supreme-court-dec...

ChuckMcM 8y ago
"The million dollar brownstone that nobody owned" story that came through recently had its title "restored" in Idaho which suggests to me that Idaho is a favorable jurisdiction for people to do this sort of thing.
javajosh 8y ago
Man, that's crazy. If the law says you have to have the deed and the note to foreclose, how can the court ignore this? Honestly, it sounds like Trotter was trying to game the system, but shit, isn't that what they do to us all the time? We forgot to check a box, or filled in something wrong, and they hurt us. We should hurt them for the same reason.
- pdonis 8y ago
  > If the law says you have to have the deed and the note to foreclose, how can the court ignore this? Simple: that's not what the law says. At least not in Idaho. According to the court's opinion, what the law says is that a trustee who forecloses must meet four specific requirements. None of those requirements equate to proving that you have "standing" (which was what Trotter alleged was required) to foreclose. However, the first of the four requirements (p. 5 of the court's opinion) is: "The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in mortgage records in the counties in which the property described in the deed is situated". Since the main concern given in the article is that MERS and similar arrangements are circumventing the recording of who owns or has claims on real property in the local jurisdictions, it would appear that in the Trotter case, that concern was not present, since the relevant claim information was recorded in the local jurisdiction; the trustee who forecloses has to be the one whose trust deed is filed with the county for that property.
retromario 8y ago
Can't find the final court decision but the Utah Harvey/Keane case didn't look so good a few months after that article came out. http://archive.sltrib.com/article.php?id=54163714&itype=CMSID http://archive.sltrib.com/article.php?id=54163714&itype=CMSI... > In accusing Keane of negligence, the Sedgwicks, their lender and title insurance company pointed in court documents to a recent article in Harper's magazine that quotes remarks from Keane at a dinner with the writer during which he made outrageous and sexually explicit remarks about his role in the case.

ChuckMcM 8y ago

"The million dollar brownstone that nobody owned" story that came through recently had its title "restored" in Idaho which suggests to me that Idaho is a favorable jurisdiction for people to do this sort of thing.

javajosh 8y ago

Man, that's crazy. If the law says you have to have the deed and the note to foreclose, how can the court ignore this? Honestly, it sounds like Trotter was trying to game the system, but shit, isn't that what they do to us all the time? We forgot to check a box, or filled in something wrong, and they hurt us. We should hurt them for the same reason.

pdonis 8y ago
> If the law says you have to have the deed and the note to foreclose, how can the court ignore this? Simple: that's not what the law says. At least not in Idaho. According to the court's opinion, what the law says is that a trustee who forecloses must meet four specific requirements. None of those requirements equate to proving that you have "standing" (which was what Trotter alleged was required) to foreclose. However, the first of the four requirements (p. 5 of the court's opinion) is: "The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in mortgage records in the counties in which the property described in the deed is situated". Since the main concern given in the article is that MERS and similar arrangements are circumventing the recording of who owns or has claims on real property in the local jurisdictions, it would appear that in the Trotter case, that concern was not present, since the relevant claim information was recorded in the local jurisdiction; the trustee who forecloses has to be the one whose trust deed is filed with the county for that property.

retromario 8y ago

Can't find the final court decision but the Utah Harvey/Keane case didn't look so good a few months after that article came out. http://archive.sltrib.com/article.php?id=54163714&itype=CMSID http://archive.sltrib.com/article.php?id=54163714&itype=CMSI... > In accusing Keane of negligence, the Sedgwicks, their lender and title insurance company pointed in court documents to a recent article in Harper's magazine that quotes remarks from Keane at a dinner with the writer during which he made outrageous and sexually explicit remarks about his role in the case.