United States First Circuit

Dismissal of plaintiff's complaint alleging certain improprieties with respect to defendant's acquisition of the mortgage on their home by way of an assignment from Mortgage Electronic Registration System, Inc. (MERS) is affirmed, where: 1) although plaintiffs' complaint sets forth some rather troubling accusations about defendant's business practices and foreclosure procedures, plaintiffs have not set forth a colorable claim that the mortgage assignment in question is void; 2) plaintiffs lack standing to raise certain claims; and 3) because they have failed to state a claim for promissory estoppel with respect to a loan modification, their request for injunctive relief must also fail.

Appellate Information

• Decided 02/14/2014
• Published 02/14/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel