Plaintiff brought an action for declaratory and injunctive relief relating to a home foreclosure and trustee's sale. After Defendants prevailed on a Motion to Dismiss, plaintiff/appellant Janice Morin appeals from the trial court's dismissal of her complaint for failure to state a claim upon which relief can be granted. See Ariz. R. Civ. P. 12(b)(6). She argued, inter alia, that the court erred in dismissing her complaint because no recorded document established that appellee Bank of America was a beneficiary under the deed of trust with authority to commence foreclosure proceedings.
Yares v. Bear Stearns Residential Mortgage Corporation, et al.
Jan 19, 2012
Dismissed with prejudice in favor of my client.
Plaintiff brought an an action regarding her mortgage loan and the initiation of foreclosure on the property. As defense counsel for the loan servicer and investor in the loan, I removed the matter to federal district court. I then moved to dismiss the action. The Court granted my Motion to Dismiss and dismissed the action with prejudice.