April 10, 2013
Can’t Stand It, Just Show Me The Note
The federal District Court for Massachusetts issued a Memorandum and Order in Ross v. Deutsche Bank National Trust Company that has two interesting aspects. First, it follows the 1st Circuit’s recently decided Culhane. Second, it reaffirms that “show me the … Continue reading
April 10, 2013 in 2013 | Permalink | No Comments
April 8, 2013
Rule of Law Cuts Both Ways
The New York Appellate Division (2d Dep’t) reversed orders by Justice Schack of New York Supreme Court (Kings County) in HSBC Bank USA, N.A. v. Taher. Justice Schack became something of a folk hero to many for holding lenders’ feet … Continue reading
April 8, 2013 in 2013 | Permalink | No Comments
April 4, 2013
Stand-Offish
Judge Swain (SDNY) issued a Memorandum Opinion and Order in Rajamin v. Deutsche Bank National Trust Co. in which she followed “the weight of caselaw throughout the country” to effectively hold that “a non-party to a [Pooling and Servicing Agreement … Continue reading
April 4, 2013 in 2013 | Permalink | No Comments
March 29, 2013
Sixth Court of Appeals Clarifies Recording Fee Standing Issue
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 29, 2013 in 2013 | Permalink | No Comments
March 26, 2013
Kentucky Attorney General Sues MERS for Recording Fees
In Commonwealth of Kentucky v. MERS Holdings, Inc., L3-CI-00060 (Jan. 23, 2013), the Kentucky attorney general filed a lawsuit against MERS seeking recording fees, claiming that it wrongfully held itself out as mortgagee on recorded mortgages, deceptively failed to record … Continue reading
March 26, 2013 in 2013 | Permalink | No Comments
January 16, 2013
Class Action Recording Fee Suit in Missouri Dismissed
Jackson County, Missouri v. MERSCorp, Inc., et al., No. 12-0665-CV-W-ODS (W.D. Mo. Jan. 14, 2013) is a suit by Jackson County to recover lost recording fees resulting from the use of MERS. This suit is a class action law suit … Continue reading
January 16, 2013 in 2013 | Permalink | No Comments
