Pennsylvania Appellate Court Affirms MERS’ Standing to Foreclose

Posted by & filed under 2006, Downstream litigation, Foreclosures, MBS industry, MERS/Bank has standing, Pennsylvania.

The Pennsylvania appellate court in MERS v. Estate of Harriet L. Watson, et al., Superior Court of Pennsylvania # 637 WDA (2006), affirmed the standing of MERS to foreclose. The case involved counter-claims as well as affirmative defenses filed by the estate of a deceased borrower in response to a foreclosure suit brought by MERS… Read more »

Bankruptcy Court Rules MERS Has Standing and the Customary Rights of a Mortgagee Under a Mass. Mortgage and May Act Under the Mortgage

Posted by & filed under 2006, Bankruptcy litigation, Downstream litigation, Foreclosures, Massachusetts, MERS/Bank has standing, Note ownership litigation.

The Massachusetts bankruptcy court hearing In re Sonya D. Huggins f/k/a SONYA D. HICKS, Debtor Chapter 13, Case No. 05-18826-RS overruled the Huggins’ objection to the standing of the nominee to seek relief from the automatic stay and ordered an evidentiary hearing on the motion for stay relief. After Huggins commenced her Chapter 13 case,… Read more »

MERS Has Standing to Bring Foreclosure Action as Court Ruled There Was No Question That the Defendant-Homeowner Was the Correctly Named Party

Posted by & filed under 2006, Connecticut, Downstream litigation, Foreclosures, MERS/Bank has standing.

In the case of Mortgage Elec. Registration Sys., Inc. v. Ventura, No. CV 054003168S, 2006 WL 1230265 (Conn. Super. Ct. April 20, 2006) the plaintiff-lender moved for summary judgment against defendants, a husband and wife, as to liability only. After review of the lender’s complaint and allegation that the husband was indebted to the lender, the court… Read more »

Minnesota Court of Appeals holds that MERS has Standing to Foreclose By Advertisement

Posted by & filed under 2006, Downstream litigation, MERS/Bank has standing, Minnesota.

repayments many people have In In re Sina, No. A06-200, 2006 WL 2729544 (MN. Ct. App. 2006), the Court of Appeals of Minnesota held that MERS had standing to foreclose when it held legal title to a mortgage and was acting as nominee for the holder of the note. Candice Sina, the appellant, had executed a mortgage… Read more »

New York Supreme Court Holds that MERS Does Not Have Standing to Foreclose if it Does Not Own Both Note and Mortgage

Posted by & filed under 2006, Downstream litigation, MERS/Bank lacks standing, New York.

In LaSalle Bank Nat’l Ass’n v. Lamy, 824 N.Y.S.2d 769 (NY S. Ct., 2006), the court held that MERS did not have standing to foreclose because it did not own the note and mortgage. Court reasoned that “well established case authorities have held that where a mortgage debt is represented by a bond or other instrument,… Read more »