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Witt v. CIT Group/Consumer Finance Inc.

United States District Court for the District of Utah
2010 U.S. Dist. LEXIS 117915 (Nov. 5, 2010)


Nelson and Brenda Witt (plaintiffs) took out a loan from CIT Group/Consumer Finance Inc. (CIT) (defendant). The Witts executed a promissory note and a deed of trust, providing certain real estate as security for the loan. CIT then assigned all of its beneficial rights, title, and interest under the note and deed of trust to Mortgage Electronic Registrations Systems, Inc. (MERS) (defendant). The Witts defaulted under the terms of the note and deed of trust, and foreclosure proceedings were initiated on the property. The Witts sued CIT, MERS, and Aurora Loan Services LLC (defendants). The defendants moved to dismiss the complaint.

Rule of Law


Holding and Reasoning (Stewart, J.)

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