GRAY v MERS | RI Judge Rubine declares Wells Fargo foreclosure null and void

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC. SUPERIOR COURT

(FILED: NOVEMBER 16, 2012)

GARY S. GRAY
JEAN G. GRAY

MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
ACCESS NATIONAL MORTGAGE
CORPORATION; WELLS FARGO
BANK, NA; AND
HARMON LAW OFFICES, PC

DECISION

RUBINE, J. Before the Court is Defendants? Mortgage Electronic Registration Systems, Inc. (“MERS”) and Wells Fargo Bank, NA (“Wells Fargo”) (collectively, “Defendants”),1 Motion to Dismiss Plaintiffs? complaint (“Complaint”) pursuant to Rule 12(b)(6) of the Rhode Island Superior Court Rules of Civil Procedure. Through the Complaint, Plaintiffs seek declaratory and injunctive relief pursuant to G.L. 1956 § 9-30-1, et seq., petitioning this Court to quiet title in favor of Plaintiffs and to declare Defendant Wells Fargo?s foreclosure on the real property located at 155 Fuller Street, Pawtucket, Rhode Island (the “Property”) null and void, and therefore ineffective, as Defendants allegedly had no standing to exercise the statutory power of sale under § 34-11-22. Plaintiffs further set forth allegations in their Complaint concerning the alleged negligent misrepresentation of Defendants. Finally, Plaintiffs allege that the mortgage note is current or has been satisfied.

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