March 11, 2014

This Note and Mortgage Are Unenforceable

By David Reiss

The Bankruptcy Appellate Panel of the Sixth Circuit issued a thoughtful opinion in In re: Dorsey, File No. 14b0002n.06 (March 7, 2014) but it leaves me dissatisfied. As Elizabeth Renuart and Dale Whitman have each demonstrated, courts have had a … Continue reading

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March 11, 2014 in Kentucky | Permalink | No Comments

March 29, 2013

Sixth Court of Appeals Clarifies Recording Fee Standing Issue

By Karl Dowden

In Christian County Clerk, et al. v. Mortgage Electronic Registration Systems, Inc., et al., No. 12-5237 (6th Cir. 2013), the United States Sixth Circuit Court of Appeals heard a case on appeal from the United States District Court for the … Continue reading

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March 29, 2013 in Kentucky | Permalink | No Comments

March 26, 2013

Kentucky Counties Sue MERS and Banks for Recording Fees

By Brad Borden

In Boyd County, et al. v. MERSCORP, Inc., 0:12-cv-00033-HRW (Apr. 19, 2012) several counties in Kentucky brought a lawsuit against MERS and several Banks for lost recording fees. On August 7, 2012, the U.S. District Court for the Eastern District of … Continue reading

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March 26, 2013 in Kentucky | Permalink | No Comments

Kentucky Attorney General Sues MERS for Recording Fees

By Brad Borden

In Commonwealth of Kentucky v. MERS Holdings, Inc., L3-CI-00060 (Jan. 23, 2013), the Kentucky attorney general filed a lawsuit against MERS seeking recording fees, claiming that it wrongfully held itself out as mortgagee on recorded mortgages, deceptively failed to record … Continue reading

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March 26, 2013 in Kentucky | Permalink | No Comments

February 22, 2013

U.S. Bankruptcy Court in Kentucky Holds MERS Valid Nominee of Mortgage, Had Authority to Assign Mortgage, and Lender Properly Assigned Note to Citi

By Max Feder

In In re Jessup, 2010 WL 2926050, the U.S. Bankruptcy Court for the Eastern District of Kentucky (“Court”) denied the bankruptcy trustee’s (“Trustee”) motion for summary judgment in a suit to set aside Defendants’ mortgage lien against the bankruptcy debtors’ … Continue reading

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February 22, 2013 in Kentucky | Permalink | No Comments

Kentucky Court of Appeals Holds that Bank Lacked Standing Because it did Not Obtain an Interest in the Note Until after Commencing the Foreclosure Action

By Max Feder

In Morgan v. HSBC Bank USA, NA, 2011 WL 3207776 (Court of Appeals of KY, 2011), the Court of Appeals of Kentucky reversed the trial court’s judgment as a matter of law that HSBC Bank USA, NA (“HSBC”) had standing … Continue reading

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February 22, 2013 in Kentucky | Permalink | No Comments