March 2, 2013
Circuit Court of Arkansas Holds that MERS has Standing to Foreclose because Ownership of Note is not Required to have Standing
In MERS, Inc. v. Stephanie Gabler, et al., (Circuit Court of Garland County # 2004-17-II), the court held MERS had standing to seek relief for its Writ of Assistance and is proper party to foreclose the mortgage because it was … Continue reading
March 2, 2013 in Arkansas | 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 Arkansas | Permalink | No Comments
February 8, 2013
Arkansas District Court Dismisses Recording Fee Case
In Brown v. Mers, No. 11-cv-06070 (W.D. Ark., 2012), the Arkansas District Judge dismissed a recording-fee lawsuit filed against MERS and held that state laws do not require mortgage assignments to be recorded. The case had transformed into a class … Continue reading
February 8, 2013 in Arkansas | Permalink | No Comments
