March 27, 2013
Connecticut Superior Court Recognizes MERS’ Status as Mortgagee and MERS’ Subsequent Assignee
In LaSalle Bank v. Johnson, No. CV‐085016113, 2009 WL 2872844 (Conn. Super. Aug. 10, 2009), the court recognized MERS’ status as mortgagee and MERS’ subsequent assignment of the mortgage. Fremont Investment & Loan loaned Ronald Johnson $192,000.00. To secure a … Continue reading
March 27, 2013 in 2009 | Permalink | No Comments
March 18, 2013
Plaintiff Denied Summary Judgment in Foreclosure Proceedings Due to Factual Dispute
In Bayview Loan Servicing v Sanchez, CV 09 5004156 S, 2009 WL 1874180 [Conn Super Ct June 10, 2009], an unpublished opinion, Plaintiff Bayview Loan Servicing moved for summary judgment against non-appearing Defendant Pedro Sanchez in a foreclosure action. The … Continue reading
March 18, 2013 in 2009 | Permalink | No Comments
March 2, 2013
Arkansas Supreme Court Holds that MERS is Not a Beneficiary and Not a Necessary Party in Foreclosure Proceedings
In MERS, Inc. v. SouthWest Homes of Ark., Inc., , 301 S.W.3d 1 (Ark. 2009), the court held that MERS was at most the mere agent of the lender Pulaski Mortgage Company, Inc., and thus held no property interest and … Continue reading
March 2, 2013 in 2009 | Permalink | No Comments
February 26, 2013
D.C. District Court Holds Bank Has Right to Record Deed and Deeds of Trust Previously Unrecorded Due to Clerical Error Not Cured By Original Property Owner
In Wells Fargo Bank, N.A. v. Wrenn, CIV.A. 08-165 (CKK), 2009 WL 1705692 (D.D.C. June 18, 2009), Wrenn purchased property from Stevens, and Wrenn simultaneously entered into a home mortgage loan transaction, pursuant to which she executed two Promissory Notes … Continue reading
February 26, 2013 in 2009 | Permalink | No Comments
February 19, 2013
Utah District Court Holds that MERS has Authority to Initiate Non-Judicial Foreclosure and to Assign Beneficial Interest
In Burnett v. Mortgage Electronic Registration Systems, Inc., No. 1:09 CV 00069 DAK, 2009 WL 3582294 (D. Utah Oct. 27, 2009), the United States District Court of Utah held that Mortgage Electronic Registration Systems, Inc (“MERS”) had authority to initiate … Continue reading
February 19, 2013 in 2009 | Permalink | No Comments
February 18, 2013
Idaho Bankruptcy Court Rules Banks/MERS Lacked Authority to Transfer Notes
In In re WIlhem, 407 B.R. 392 (Bankr. D. Idaho 2009), the Idaho Bankruptcy Court, ruling in 5 similar cases, held that movant banks lacked standing to seek stay relief, and therefore, denied their motions. Movants did not demonstrate possession of the … Continue reading
February 18, 2013 in 2009 | Permalink | No Comments
February 9, 2013
Arkansas Supreme Court Holds that MERS is Not a Necessary Party in Foreclosure Proceedings
In MERS, Inc. v. Southwest Homes of Arkansas, 301 S.W.3d 1 (AK S. Ct, 2009), the Supreme Court held that MERS was not a real party in interest and need not be named or served in a foreclosure action by … Continue reading
February 9, 2013 in 2009 | Permalink | No Comments
