REFinBlog

Editor: David Reiss
Brooklyn Law School

August 29, 2013

Homeowner Can Challenge Mortgage Assignment

By David Reiss

Judge Kennelly has ruled that a homeowner can challenge a mortgage assignment under Illinois law in Elesh v. MERS et al., No. 12 C 10355 (N.D. Ill. Aug. 16, 2013). The Court stated that Defendants argue that Elesh is not … Continue reading

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August 29, 2013 in Illinois | Permalink | No Comments

August 25, 2013

Illinois Federal Appellate Court Rules That MERS Had Sufficient Authority to Commence Foreclosure Proceeding in its Capacity as an Agent

By Ebube Okoli

The federal appellate court in MERS v. Estrella, 390 F.3d 522 [7th Cir. 2004] ruled that MERS had a sufficient authority to commence a foreclosure proceeding, in its capacity as an agent on behalf of its principal. https://absoluterentals.com/absolutegov/ At issue … Continue reading

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August 25, 2013 in Illinois | Permalink | No Comments

April 7, 2013

District Court for the Northern District of Illinois Finds No Wrongdoing in MERS’s Assignment & Deutsche Bank’s Ensuing Foreclosure

By Joseph Kelly

In Long v. One West Bank, No. 11 C 703 (N.D. Ill. 2011), the District Court for the Northern District of Illinois denied OneWest Bank, MERS & Deutsche Bank’s motion to dismiss in part as moot, and granted the motion … Continue reading

March 26, 2013

District Court of Illinois Grants Ocwen Loan Servicing’s Motion for Summary Judgment, Finding MERS had Authority to Assign Mortgage & Note

By Joseph Kelly

In Ocwen Loan Servicing LLC v. Kroening, 10 C 4692, 2011 WL 5130357 (N.D. Ill. Oct. 28, 2011), the District Court for the Northern District of Illinois granted Ocwen Loan Servicing’s motion for summary judgment to foreclosure. Defendant/homeowner, Victoria Kroening … Continue reading

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March 26, 2013 in Illinois | Permalink | No Comments