Legal Opinion
Clark v. Mortgage Electronic Registration Systems, Inc.
District Court, D. Rhode Island
Decided March 27, 2014No. C.A. No. 12-802-MPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JOHN J. McCONNELL, JR., District Judge.
Plaintiff Robert W. Clark, Jr. filed a lawsuit against Defendants Mortgage Electronic Registration Systems, Inc. (“MERS”) and Bayview Loan Servicing, LLC (“Bayview”), alleging that Bayview had no standing to foreclose on his mortgage because the assignment of his mortgage from MERS to Bayview was void. Both Defendants move to dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6), arguing that Mr. Clark lacks standing to bring his suit in light of the developing case law from the Rhode Island Supreme Court and the United States Court of…
2Cases cited27 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- William R. Gooley v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1988
- Securities & Exchange Commission v. TamboneCourt of Appeals for the First Circuit · 2010
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3Cited by6 opinions
- Summers v. Financial Freedom Acquisition LLCCourt of Appeals for the First Circuit · 2015
- Lister v. Bank of America, N.A.District Court, D. Rhode Island · 2014
- Era v. Morton Community BankDistrict Court, D. Rhode Island · 2014
- GRE Property Investments, LLC v. Isanthes, LLCDistrict Court, D. Rhode Island · 2020
- Holland v. Select Portfolio Servicing, Inc.District Court, District of Columbia · 2018
1 more not listed; retrieve them via the Exa API.