September 17, 2013

Arkansas Court Finds That Based on Security Agreement, MERS Was the Mortgagee

By Ebube Okoli

The Arkansas court considering Coley v. Accredited Home Lenders, Inc. et al, 4 10 CV01870 (E.D. Ark. 2011) ultimately granted the defendants’ motion for dismissal. The court granted the dismissal with prejudice as to the plaintiff’s wrongful foreclosure claims. The … Continue reading

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September 17, 2013 in Arkansas | Permalink | No Comments

September 13, 2013

United States District Court, Eastern District of Arkansas Dismisses Borrower’s Claim of Invalid Assignment

By Ebube Okoli

The United States District Court, Eastern District of Arkansas in Kimberly Peace v. MERS, 4:09-cv-00966 (2010) granted MERS’ motion to dismiss. The court found that the assignment to MERS was valid. This also led the court to decide that BAC … Continue reading

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September 13, 2013 in Arkansas | Permalink | No Comments

Arkansas Court Denies MERS’ Motion to Set a Decree of Foreclosure

By Ebube Okoli

The Arkansas court in MERS v. Southwest Homes of Arkansas, 301 S.W.3d 1 (2009) denied MERS’ motion to set a decree of foreclosure, therein affirming the decision from the lower court. As the record beneficiary of the deed of trust, … Continue reading

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September 13, 2013 in Arkansas | Permalink | No Comments

August 22, 2013

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

By Ebube Okoli

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 … Continue reading

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August 22, 2013 in Arkansas | Permalink | No Comments

August 1, 2013

Arkansas Court Rules That MERS Did Not Violate the State’s Statutory Foreclosure Act

By Ebube Okoli

The court in Coley et al v. Accredited Home Lenders Inc et al (E.D. Ark. 2011) dismissed the homeowner-plaintiff’s claims against MERS pursuant to Federal Rules of Civil Procedure 12(b)(6). In granting MERS’ motion to dismiss the court considered, then … Continue reading

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August 1, 2013 in Arkansas | Permalink | No Comments

March 2, 2013

Arkansas District Court Holds MERS’s Note Assignment Valid and Gives Purchaser Standing to Appoint Agent to Initiate Foreclosure

By Gloria Liu

In Peace v. MERS, 2010 WL 2384263 (E.D. Ark. June 11, 2010), the court held that MERS’ assignment to Note purchaser was valid and properly gave purchaser standing to appoint an agent to initiate a non-judicial foreclosure. The promissory note … Continue reading

Arkansas Supreme Court Holds that MERS is Not a Beneficiary and Not a Necessary Party in Foreclosure Proceedings

By Gloria Liu

In MERS, Inc. v. SouthWest Homes of Ark., Inc., , 301 S.W.3d 1 (Ark. 2009), the court held that MERS was at most the mere agent of the lender Pulaski Mortgage Company, Inc., and thus held no property interest and … Continue reading