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 »

Pennsylvania Court Holds Bank Has Standing to Bring Mortgage Foreclosure Action Before an Assignment to Bank is Recorded

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

In US Bank v. Mallory, 982 A.2d 986 (Pa. Super. 2009), the Pennsylvania Superior Court affirmed an order of the Court of Common Pleas of Philadelphia, denying Appellant Mallory’s petition to strike and/or open the default judgment entered in favor of Appellee. Appellant alleged that the default judgment should be stricken because Appellee (1) did… Read more »

Pennsylvania Court Denies MERS Motion to Dismiss and Rules that a Recorder of Deeds May Bring a Quiet Title Action to Compel MERS to Record Mortgage Assignments

Posted by & filed under Downstream litigation, Pennsylvania, Recording-fee litigation.

In Montgomery County, Pennsylvania v. MERSCORP, INC., No. 11 CV 6968, 2012 WL 5199361 (E.D. Pa. Oct. 19, 2012), the court denied MERS’s motion to dismiss because 21 Pa. Stat. 351 requires recordation of all conveyances and because the “Legislature intended to create the quiet title claim” to enforce 21 Pa. Stat. 351. The Montgomery… Read more »

Pennsylvania Court Voids Default Judgment and Sets Aside Sheriff’s Sale

Posted by & filed under Downstream litigation, Note ownership litigation, Pennsylvania.

In Wells Fargo Bank, N.A. v. Lupori, 8 A.3d 919 (Pa. Super. 2010), the court “reverse(d) the trial court’s order denying the [Plaintiff’s] petition to strike the default judgment against them and set aside the sheriff’s sale.” The court cited U.S. Bank v. Mallory, 982 A.2d 986 (Pa. Super. 2009), which stated “where a fatal… Read more »

Pennsylvania Court Holds that a Homeowner May Bring Suit in Federal Court After State Court Issued a Judgment of Default against Homeowner

Posted by & filed under Downstream litigation, Pennsylvania.

In Straker v. Deutsche Bank National Trust, et al., No. 3:09 CV 338, 2011 WL 398374 (M.D. Pa. Feb. 3, 2011), the district court held that a homeowner’s case would not be dismissed, as requested by Defendants, due to subject matter jurisdiction, issue preclusion, claim preclusion, or the statute of limitations. Claims regarding the Real… Read more »

Pennsylvania Superior Court Rules that Appellant’s Claim Against MERS is Time-Barred

Posted by & filed under Downstream litigation, Pennsylvania.

In Mortgage Electronic Registration Systems, Inc., et al. v. Ralich, 2009 PA Super 163 982 A.2d 77, the Superior Court affirmed the Court of Common Pleas’s holding granting MERS’s motion to strike Appellant’s, Ralich, petition to set aside the sheriff’s sale and to dismiss foreclosure proceedings, because the Appellant’s petitions were untimely and not excused by… Read more »

Pennsylvania Bankruptcy Court Holds that Mortgage Servicer Lacks Standing to Make a Motion for Relief from Stay Placed on Mortgaged Property in a Bankruptcy Proceeding

Posted by & filed under Downstream litigation, MERS/Bank lacks standing, Pennsylvania.

In In re Michelin Alcide, 450 B.R. 526 (Bankr. E.D. Pa. 2011), the United States Bankruptcy Court for the Eastern District of Pennsylvania held that the mortgage loan servicer did not have standing to make a motion for relief from the automatic stay placed on the mortgaged property when debtor commenced a bankruptcy proceeding. In… Read more »