Hope someone familiar with AZ case law can help me out.
I'm responding to a Motion for Summary Judgment and trying to find case law that supports the standing of a homeowner to question the way a loan was transferred into and out of a MBS trust in violation of the terms of the PSA for the trust.
The opposing counsel is using in RE MERS Litigation
, 2011 US Dist. 2011 (D. Ariz. Oct 3, 2011), Silving v. Wells Fargo Bank, N.A
., 2012 U'S. Dist. (D. Ariz. Jan 18, 2012) and Graham-Miller v. Nationstar Mortgage, LLC
, 2012 U.S. Dist. (D. Ariz. June 21, 2012) to say we don't have standing to challenge the validity of several documents in and out of the trust because they didn't affect our substantive rights under the loan and we were not parties to the documents.
Is there any case law out there that supports a homeowners right to question the legal authority of the foreclosing party based on the discrepancies in the PSA and the assignments into and out of it?
It appears the Plaintiff's counsel are pretty much on point with their cases and are correct. This has been discussed several times. You are NOT a party to the PSA and cannot enforce it's provisions. I don't think there is case law that supports your position in ANY jurisdiction. You should focus on arguments that you can support and will preclude SJ.