REFinBlog

July 16, 2013

Jefferson County Circuit Court Holds That Fannie Mae Had Standing to Bring Ejectment Action

The circuit court in Fannie Mae v. Steele, Jefferson County Circuit Court No. 09-900069 (May 18, 2011) found in favor of the plaintiff [Fannie Mae], by deciding to deny the defendants’ motion to set aside the judgment for possession. The … Continue reading →

March 12, 2013

Alabama Circuit Court Holds that MERS has Standing to Foreclose if it is a Nominee of the Lender

In Henderson v. Merscorp Inc.,  No. 08-CV-900805 (Ala. Cir.Ct. May 6, 2010), the Alabama Circuit Court dismissed an action claiming that MERS lacked standing to foreclose. The borrower sued MERS after MERS initiated foreclosure proceedings after a default, and alleged … Continue reading →

January 10, 2013

Alabama District Court Continues to Uphold Enforceability of Mortgages Despite Split of Note and Mortgage

In Brooks v. Freddie Mac, 2011 WL 3794683 (AL District Court, 2011), the court held that once a mortgage is assigned to another, foreclosure action is not attributed to the assignor. Therefore, when MERS assigned its interest to another party, the … Continue reading →

Alabama District Court Finds that MERS had Standing to Foreclose Absent Showing of Fraud and Breach of Good Faith

In Mortensen v. MERS, 2010 WL 5376332 (AL Distr. Ct, 2010), the court did not find that refusal to modify a mortgage obligation constituted a breach of good faith and dealing. The court also held that that there was no fraud or … Continue reading →

January 5, 2013

Alabama Civil Court of Appeals finds that MERS Assignee has Standing to Initiate Foreclosure Proceedings

In Crum v. LaSalle Bank, 55 So.3d 266, (Ala. Civ. App. 2009), the court held that the assignee of the mortgage, LaSalle Bank had standing to initiate foreclosure proceedings. The court reasoned that MERS and the assignee were not delivered a … Continue reading →