Editor: David Reiss
Brooklyn Law School

March 4, 2015

Wells Fargo Smackdown

By David Reiss

Circuit Judge Elliott of Missouri Circuit Court issued a Judgment in Holm v. Wells Fargo et al. (No. 08CN-CV00944 Jan. 26, 2015) that awarded nearly three million dollars in punitive damages. This is just one of a number of searing … Continue reading

February 7, 2014

Missouri Court Dismisses Real Estate Settlement Procedures Act and Home Ownership Equity Protection Act Violation Claims Brought Against Nationstar Mortgage, LLC and MERS

By Ebube Okoli

The court in deciding White v. CTX Mortg., LLC, 2013 U.S. Dist. LEXIS 146589 (W.D. Mo. 2013) ultimately granted the defendant’s motion to dismiss. The plaintiff’s complaint asserted that the chain of title had been broken. Consequently, “title was not … Continue reading

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February 7, 2014 in Missouri | Permalink | No Comments

December 12, 2013

Missouri Court Dismisses Predatory Lending & TILA Claims

By Ebube Okoli

The court in deciding Fleming v. Bank of Am., 2013 U.S. Dist. LEXIS 150758 (W.D. Mo. Oct. 21, 2013) found the plaintiff’s argument and complaint to be filled with legal conclusions and disjointed, conclusory allegations. The court noted that the … Continue reading

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December 12, 2013 in Missouri | Permalink | No Comments

October 15, 2013

Missouri Court of Appeals Holds that MERS Does not have Authority to Assign without Holding Note

By Gloria Liu

In Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 621 (MO Ct. of App., E. D., Mar. 3, 2009), the court held that MERS did not have the authority to assign its interest because it did not hold the promissory … Continue reading

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October 15, 2013 in Missouri | Permalink | No Comments

April 9, 2013

U.S. Bankruptcy Court of Western District Missouri Holds that Agency Relationship created when MERS is Designated as a Nominee

By Gloria Liu

In re Tucker, 441 B.R. 638 (Bankr. W.D. Mo. 2010), court held that designation of MERS as a nominee in the Mortgage is “more than sufficient to create an agency relationship between MERS and the Lender and its successors in … Continue reading

January 16, 2013

Class Action Recording Fee Suit in Missouri Dismissed

By Karl Dowden

Jackson County, Missouri v. MERSCorp, Inc., et al., No. 12-0665-CV-W-ODS (W.D. Mo. Jan. 14, 2013) is a suit by Jackson County to recover lost recording fees resulting from the use of MERS. This suit is a class action law suit … Continue reading

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January 16, 2013 in Missouri | Permalink | No Comments