REFinBlog

Editor: David Reiss
Brooklyn Law School

August 25, 2013

Pennsylvania Appellate Court Affirms MERS’ Standing to Foreclose

By Ebube Okoli

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 … Continue reading

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August 25, 2013 in 2006 | Permalink | No Comments

August 8, 2013

Bankruptcy Court Rules MERS Has Standing and the Customary Rights of a Mortgagee Under a Mass. Mortgage and May Act Under the Mortgage

By Ebube Okoli

The Massachusetts bankruptcy court hearing In re Sonya D. Huggins f/k/a SONYA D. HICKS, Debtor Chapter 13, Case No. 05-18826-RS overruled the Huggins’ objection to the standing of the nominee to seek relief from the automatic stay and ordered an … Continue reading

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August 8, 2013 in 2006 | Permalink | No Comments

July 25, 2013

MERS Has Standing to Bring Foreclosure Action as Court Ruled There Was No Question That the Defendant-Homeowner Was the Correctly Named Party

By Ebube Okoli

In the case of Mortgage Elec. Registration Sys., Inc. v. Ventura, No. CV 054003168S, 2006 WL 1230265 (Conn. Super. Ct. April 20, 2006) the plaintiff-lender moved for summary judgment against defendants, a husband and wife, as to liability only. After review of … Continue reading

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July 25, 2013 in 2006 | Permalink | No Comments

April 12, 2013

District Court of Oklahoma Upholds MERS’ Standing

By Gloria Liu

MERS v. William C. Warden, CJ-2005-7027, District Court of Oklahoma City (Mar. 3, 2006), the court refused to vacate a judgment of foreclosure and concluded that plaintiff’s argument that MERS lacked standing to pursue was without merit.

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April 12, 2013 in 2006 | Permalink | No Comments

February 8, 2013

Minnesota Court of Appeals holds that MERS has Standing to Foreclose By Advertisement

By Gloria Liu

repayments many people have In In re Sina, No. A06-200, 2006 WL 2729544 (MN. Ct. App. 2006), the Court of Appeals of Minnesota held that MERS had standing to foreclose when it held legal title to a mortgage and was acting as … Continue reading

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February 8, 2013 in 2006 | Permalink | No Comments

December 6, 2012

New York Supreme Court Holds that MERS Does Not Have Standing to Foreclose if it Does Not Own Both Note and Mortgage

By Gloria Liu

In LaSalle Bank Nat’l Ass’n v. Lamy, 824 N.Y.S.2d 769 (NY S. Ct., 2006), the court held that MERS did not have standing to foreclose because it did not own the note and mortgage. Court reasoned that “well established case authorities … Continue reading

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December 6, 2012 in 2006 | Permalink | No Comments