James v. ReconTrust, Bank of America
Feb 29, 2012OUTCOME: Ruling in Homeowners favor
Mr. Scannell represented homeowners in an action against Bank of America to prevent the non-judicial foreclosure of the home. The action was removed by the Bank from State Court to US District Court o ... f Oregon. A Magistrate Judge ruled in favor of the bank. Mr. Scannell filed Objections to the Findings and Recommendations of the magistrate judge. In a rare event the Judge held oral arguments on the homeowners objections and reversed the magistrate judge on all major points of law. Judge Simon held the Mortgage Electronic Registration System (MERS) had no interest in the property and is not a "beneficiary" under Oregon law.