Lee v. Mortgage Electronic Registration Systems, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Summarized by Joel Newell , Ballard Spahr, LLP
12 years 3 weeks ago

Citation:

Ninth Circuit Court of Appeals; Case No. 12-16457

Tag(s):

Ruling:

In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor court's judgment and affirmed in part and revised in part the transferee court's judgment. The Ninth Circuit Court of Appeals determined that the transferee court did not err in its dismissal of Plaintiff's appeal regarding the asserted violation of former Hawaii statute governing regulation of the payment of the balance of the purchase price. However, the transferee court erred in dismissing the claim pursuant to the former Hawaii statute governing non-judicial foreclosure. Moreover, the Ninth Circuit Court of Appeals ruled that the transferor court did not err in dismissing Plaintiff's breach of contract claim by failing to contest Defendant's Motion to Dismiss, Plaintiff waived her claim.

Procedural context:

This case was originally filed in the District of Hawaii ("Transferor Court") and was transferred in part by the Judicial Panel on Multidistrict Litigation to the District of Arizona to be consolidated with a similar case that was already pending. Plaintiff appeals from the transferor and transferee courts' judgments of dismissal.

Facts:

Plaintiff appealed the transferor court's order of dismissal even though a final judgment had not been entered. The Plaintiff appealed transferee court's dismissal as to Plaintiff's assertion that the Defendant violated the former Hawaii statute governing the regulation of the purchase price. Plaintiff asserted that Defendant was not authorized to conduct the nonjudicial foreclosure based on the Defendant not being the mortgagee or mortgagee's successor in interest.

Judge(s):

Tashima, W. Fletcher, and Nguyen

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