Editor: David Reiss
Brooklyn Law School

July 24, 2014

Georgia Court Finds that MERS Was Within Its Right in Transferring and Assigning Deed, Along with Power of Sale, to Another Party

By Ebube Okoli

The court in deciding Brannigan v. Bank of Am. Corp., 2013 U.S. Dist. (N.D. Ga., 2013) found that MERS could transfer and assign the deed, along with the power of sale, to another party. After Plaintiffs defaulted on their mortgage, … Continue reading

June 27, 2014

Texas Court Rejects Claims Brought on the Grounds of “Show-me-the-Note” and “Split-the-Note” Theories

By Ebube Okoli

The court in deciding Hunt v. Worldwide Mortg. Co., 2013 U.S. Dist. (N.D. Tex., 2013) dismissed the plaintiff’s action in its entirety and specifically granted the defendant’s motion to dismiss. Plaintiffs asserted claims for fraud (only against MidFirst and its … Continue reading

May 24, 2014

California Court Holds that the Securitization of Mortgage Loan did not Nullify Rights Granted Under Deed, Including the Right to Foreclose

By Ebube Okoli

The court in deciding Rivac v. Ndex West LLC, 2013 U.S. Dist. (N.D. Cal. Dec. 17, 2013) granted the motion to dismiss tendered by the defendant. Plaintiffs filed a complaint that alleged eight causes of action including; (1) breach of … Continue reading

May 2, 2014

Defaulting Mortgagor Lacked Standing Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. (Bankr. S.D.N.Y., 2013) held that the plaintiff Scott was not a party in interest and therefore lacked standing to assert a violation of the automatic stay. The court thus … Continue reading

New Jersey Court Finds that Plaintiff had Both Possession of the Original Note and Assignment

By Ebube Okoli

The court in deciding Assets Recovery 23, LLC v. Odoemene, 2013 N.J. Super. (App.Div., 2013) this court affirmed the ruling of the lower court that the plaintiff was permitted to foreclose. In this foreclosure matter, defendants Emmanuel C. Odoemene and … Continue reading

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

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