Southern California Homeowner Boots MERS In Illegal Foreclosure

In Calexico, California, the Imperial Valley Press reports on the victorious homeowner in the recent U.S. Bankruptcy Court ruling in In re Salazar:

• Calexico resident Eleazar Salazar built his home in 2001 using a loan and received a loan modification in 2009. He was making steady payments when in December 2009, after just making a payment, he received a notice saying his home was being foreclosed on. The family was shocked. They contacted The Advocates’ Law Firm LLP, and were assured by firm partner Francisco Aldana that everything would be all right.
• In the case, the U.S. Bank National Association had foreclosed on Salazar’s home by exercising the power of sale under the deed of trust.Salazar filed to invalidate the foreclosure sale and seek damages while U.S. Bank filed to regain possession of the home through an unlawful detainer action against Salazar.
• On April 11, Judge Margaret Mann of the U.S. Bankruptcy Court for the Southern District of California, ruled on the case, saying, among several points, that the bank’s use of Mortgage Electronic Registration System couldn’t replace statutory foreclosure laws.
• “This is an important decision — today we helped kick open the door in our ongoing efforts to stop wrongful foreclosures,” Aldana wrote in a press release after the decision.

For more, see Homeowner wins foreclosure fight against bank.