Legal Opinion

Barone v. Merscorp, Inc.

Court of Appeals for the Ninth Circuit

Decided June 12, 2014No. 12-16449Unpublished

1Opinion of the Court

MEMORANDUM **

Appellant Lady Barone challenges the district court’s dismissal of her claims. We review dismissal for failure to state a claim de novo, Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir.2012), and reverse in part and affirm in part.

Appellant’s claims were dismissed, in the first instance, because they were premised on the erroneous legal theory that assignments of the deed within the Mortgage Electronic Registration System (“MERS”) were invalid under Arizona law because the note was “split” from the deed. That theory was rejected by our holding that, under Arizona law, “the split…

2Cases cited6 opinions

  1. Papasan v. AllainSupreme Court of the United States · 1986
  2. Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. StackCourt of Appeals for the Ninth Circuit · 2003
  3. Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
  4. Cervantes v. Countrywide Home Loans, Inc.Court of Appeals for the Ninth Circuit · 2011
  5. Sitton v. Deutsche Bank National Trust Co.Court of Appeals of Arizona · 2013

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