August 27, 2013

Court of Civil Appeals of Alabama, in Favor of Borrower, Vacates and Dismisses Judgment

By Ebube Okoli

The court in Nelson v. Federal National Mortgage Association, 97 So.3d 770 (2012) the Court granted Fannie Mae’s summary judgment as to its ejectment action against the borrower because the Court found that Fannie Mae received valid title to the … Continue reading

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August 27, 2013 in 2012 | Permalink | No Comments

August 20, 2013

MERS’ Assignments are Recognized as Valid as New York Appellate Court Overturns ‘N.Y. v. Alderazi’ & ‘LaSalle v. Lamy’

By Ebube Okoli

In the case of Bank of New York v. Eddie Sachar, et al., 95 A.D.3d 695 (2012), the court found the Bank of New York Mellon had standing to foreclose based on a MERS assignment and the delivery of the … Continue reading

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August 20, 2013 in 2012 | Permalink | No Comments

July 25, 2013

Bates Fails to Shake MERS’ Standing in Indiana Superior Court

By Devon Avallone

In Bates v. MERS, et al., 49D12-0911-CT-051734 (June 22, 2012) Bates filed suit against MERS and several lenders in the mortgage industry on behalf of all counties in Indiana, alleging that the MERS system is an attempt to falsify records … Continue reading

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July 25, 2013 in 2012 | Permalink | No Comments

July 23, 2013

U.S. District Court for Hawaii Rules in Favor of MERS in Non-Judicial Foreclosure Proceeding, Validating its Right to Transfer, Foreclose, and Sell Property as the Lender’s Nominee

By Alex Orchowski

In Pascual v. Aurora Loan Services, No. 10–00759 JMS–KSC, 2012 WL 2355531, at 1-18 (D. Haw. June 18, 2012), the court explained the role of MERS in mortgage transfers and granted Defendant Aurora Loan Services’s motion to dismiss the Plaintiff … Continue reading

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July 23, 2013 in 2012 | Permalink | No Comments

July 22, 2013

Texas Appellate Court Rules that Foreclosure can be Initiated Without Specific Endorsement in the Note and Before the Formal Transfer of the Deed

By Shannon Daugherty

In Robeson v. MERS (Tex. App. 2012) WL 42965, No. 02-10-00227-CV the court affirmed the lower court’s ruling finding that Robeson was given adequate time for discovery, MidFirst had authority to send default notices prior to the assignment date of the … Continue reading

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July 22, 2013 in 2012 | Permalink | No Comments

July 15, 2013

Indiana Supreme Court Allows Citimortgage to Intervene in ReCasa’s Foreclosure Proceeding

By Devon Avallone

In Citi v. Barnabas, 975 N.E.2d 805 (Ind. 2012), the Indiana Supreme Court held that Citimortgage had a right to intervene in ReCasa’s foreclosure proceeding and sale since Citi held a first mortgage on the property, reversing the decision of … Continue reading

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July 15, 2013 in 2012 | Permalink | No Comments

Florida Court Dismisses Class Action Against MERS Over Unpaid Recording Fees

By Ebube Okoli

The court in Fuller v. MERS, No. 11cv-1153 (M.D. Fla., June 27, 2012) was “confronted with an old problem: the difficulty of reconciling new technology with old law, thus raising the centuries old separation of powers controversy.” In deciding this … Continue reading

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July 15, 2013 in 2012 | Permalink | No Comments