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

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

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

via: Babcock Law Offices

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

(FILED: NOVEMBER 16, 2012)

GARY S. GRAY
JEAN G. GRAY

v.

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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3 Responses to “GRAY v MERS | RI Judge Rubine declares Wells Fargo foreclosure null and void”

  1. Charles Reed says:

    Wells Fargo must know it only a matter of time until they pay big a the FHA just had a independent auditor that found a $16 billion short fall. Now all the short fall is not only Wells Fargo but a bunch of it is with the Washington Mutual Bank loan that where placed in the Ginnie Mae Mortgage Backed Securities pools, that are currently not protected and Wells Fargo rape the borrowers.

    America stupid is having lost $70 billion in loan over at FHA and all $70 billion should have been modified but instead they are foreclosed and taxpayer pay the tabs.

    But hold on we are due $264 billion including the treble damage from the illegal sale to the FHA & VA plus the false claims filed and received by the pirate banksters, that Wells Fargo lead the pack!

  2. Sam Adams says:

    This decision is no a victory for the homeowner – at least not yet – the Court upheld the MERS system and rejected all of the homeowner’s legal arguments re. the assignment from Mers to Wells Fargo that were based both on authority for the assignment and bifurcation of the Note from the Mortgage, and denied Wells Fargo’s Motion to Dismiss only on the ground that the homeowners alleged that there was no default on the Note. On further proceedings, if that fact is not proven, the homeowners will lose. MERS was not hurt by this decision.

  3. Sam Adams says:

    p.s. – THANK YOU for linking the PDF download!

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