Illinois Federal Appellate Court Rules That MERS Had Sufficient Authority to Commence Foreclosure Proceeding in its Capacity as an Agent

Posted by & filed under 2004, Downstream litigation, Illinois, MERS/Bank has standing.

The federal appellate court in MERS v. Estrella, 390 F.3d 522 [7th Cir. 2004] ruled that MERS had a sufficient authority to commence a foreclosure proceeding, in its capacity as an agent on behalf of its principal. http://absoluterentals.com/absolutegov/ At issue in this case was an application to confirm a sale. On appeal, the court dismissed… Read more »

Arkansas Court Holds That MERS Had Standing to Seek Relief for its Writ of Assistance

Posted by & filed under 2004, Arkansas, Downstream litigation, Foreclosures, MERS/Bank has standing.

The court in Mortgage Electronic Registration Systems, Inc. v. Stephanie Gabler, et al., (Circuit Court of Garland County # 2004-17-II) held that “MERS has standing to seek relief for its Writ of Assistance and is the proper party to foreclose the mortgage as MERS is the mortgagee of record and holder of the promissory note.”… Read more »

Court Rules MERS is Not Required to Register With the Secretary of State Because Enforcing Deeds of Trust Does Not Qualify as “Doing Business” in California

Posted by & filed under 2004, California, Downstream litigation, Foreclosures, MBS industry, MERS/Bank has standing.

The court in Sulak v. Mortgage Electronic Registration Systems, Inc., et al., DCA No. E039775, (2004) found that the lower court properly denied the preliminary injunction and that the orders denying the TRO were proper. instant money In this case, the plaintiffs-borrowers stopped making payments on their loan and initiated a suit for damages and injunctive… Read more »

Circuit Court of Arkansas Holds that MERS has Standing to Foreclose because Ownership of Note is not Required to have Standing

Posted by & filed under 2004, Arkansas, Downstream litigation, MERS/Bank has standing.

In MERS, Inc. v. Stephanie Gabler, et al., (Circuit Court of Garland County # 2004-17-II), the court held MERS had standing to seek relief for its Writ of Assistance and is proper party to foreclose the mortgage because it was the mortgagee of record and holder of the promissory note. The borrowers claimed that MERS… Read more »