October 3, 2013
Texas Court Plaintiff’s Challenges the Authority of MERS to Assign its Lien Interest to a Successive Party
The Texas court in Eskridge v. Federal Home Loan Mortg. Corp., No. 6:10-CV-285, (W.D. Tex., 2011) dismissed Plaintiff’s claims to challenges the authority of MERS to assign its lien interest to a successive party. The plaintiff unsuccessfully argued that she … Continue reading
October 3, 2013 in Texas | Permalink | No Comments
August 5, 2013
U.S. District Court for the Eastern District of Texas Rules in Favor of MERS in Foreclosure Proceeding, Upholding its Power of Sale Over the Plaintiff’s Property
In Richardson v. Citimortgage, No. 6:10cv119, 2010 WL 4818556, at 1-6 (E.D. Tex. November 22, 2010) the U.S. District Court for the Eastern District of Texas, Tyler Division, granted the Defendants’, Citimortgage and MERS, motion for summary judgment against the Plaintiff, Richardson, … Continue reading
August 5, 2013 in Texas | 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
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
July 22, 2013 in Texas | Permalink | No Comments
June 6, 2013
REMIC Armageddon on the Horizon?
Brad Borden and I have warned that an unanticipated tax consequence of the sloppy mortgage origination practices that characterized the boom is that MBS pools may fail to qualify as REMICs. This would have massively negative tax consequences for MBS … Continue reading
June 6, 2013 in Texas | Permalink | No Comments
April 12, 2013
Southern District Court of Texas Dismissed Complaint that MERS Lacked Standing
In Maxwell v. Chase Home Finance, No. H-09-4038, 2011 WL 181345 (S.D. Tex. Jan. 19, 2011), the court dismissed homeowner’s “cookie cutter” complaint that MERS lacked standing to sue. Maxwell, the homeowner, alleged (1) that Chase Home Finance violated these … Continue reading
April 12, 2013 in Texas | Permalink | No Comments
Texas Court of Appeals Upholds MERS’ Authority to Conduct a Non-Judicial Foreclosure
In Athey v. MERS, 314 S.W.3d 161 (Tex. Ct. App. 2010), the appellate court affirmed trial court’s grant of summary judgment to MERS, holding that MERS was the beneficiary of the deed of trust and, therefore, had authority to conduct a … Continue reading
April 12, 2013 in Texas | Permalink | No Comments
Texas Court of Appeals Holds that MERS has Standing
Hunt v. MERS, No. 03-10-00031-CV, 2010 WL 3271966 (Tex. Ct. App. Aug. 20, 2010), the court rejected the homeowner’s argument that MERS lacked standing. The court found that the homeowner did not present any arguments or authorities addressed to the … Continue reading
April 12, 2013 in Texas | Permalink | No Comments