Editor: David Reiss
Brooklyn Law School

August 25, 2013

Georgia Court Authoritatively Recognizes MERS’ Right to Foreclose

By Ebube Okoli

The court in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005) authoritatively recognized the right of MERS to foreclose. This case involved an action to … Continue reading

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August 25, 2013 in 2005 | Permalink | No Comments

March 12, 2013

Florida Circuit Court Holds that MERS has No Standing if it Never Held the Mortgage Note

By Gloria Liu

In MERS, Inc. v. Cabrera, (11th Cir. Sept. 16, 2005), the court held that MERS’s allegations that it “owned”, “held” and “possessed” the mortgage notes are clearly, palpably and inherently false because it never held the Note in its physical … Continue reading

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March 12, 2013 in 2005 | Permalink | No Comments

February 8, 2013

Nebraska Supreme Court Holds that MERS is Not a Mortgage Broker

By Gloria Liu

In MERS, Inc. v. Nebraska Dept. of Banking & Fin, 704 N.W.2d 784 (NE S. Ct. 2005), the Supreme Court held that MERS was not a mortgage broker under the Mortgage Bankers Registration and Licensing Act. The court agreed with … Continue reading

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February 8, 2013 in 2005 | Permalink | No Comments