March 4, 2015
Wells Fargo Smackdown
Circuit Judge Elliott of Missouri Circuit Court issued a Judgment in Holm v. Wells Fargo et al. (No. 08CN-CV00944 Jan. 26, 2015) that awarded nearly three million dollars in punitive damages. This is just one of a number of searing … Continue reading
March 4, 2015 in Missouri | Permalink | No Comments
February 7, 2014
Missouri Court Dismisses Real Estate Settlement Procedures Act and Home Ownership Equity Protection Act Violation Claims Brought Against Nationstar Mortgage, LLC and MERS
The court in deciding White v. CTX Mortg., LLC, 2013 U.S. Dist. LEXIS 146589 (W.D. Mo. 2013) ultimately granted the defendant’s motion to dismiss. The plaintiff’s complaint asserted that the chain of title had been broken. Consequently, “title was not … Continue reading
February 7, 2014 in Missouri | Permalink | No Comments
December 12, 2013
Missouri Court Dismisses Predatory Lending & TILA Claims
The court in deciding Fleming v. Bank of Am., 2013 U.S. Dist. LEXIS 150758 (W.D. Mo. Oct. 21, 2013) found the plaintiff’s argument and complaint to be filled with legal conclusions and disjointed, conclusory allegations. The court noted that the … Continue reading
December 12, 2013 in Missouri | Permalink | No Comments
October 15, 2013
Missouri Court of Appeals Holds that MERS Does not have Authority to Assign without Holding Note
In Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 621 (MO Ct. of App., E. D., Mar. 3, 2009), the court held that MERS did not have the authority to assign its interest because it did not hold the promissory … Continue reading
October 15, 2013 in Missouri | Permalink | No Comments
April 9, 2013
U.S. Bankruptcy Court of Western District Missouri Holds that Agency Relationship created when MERS is Designated as a Nominee
In re Tucker, 441 B.R. 638 (Bankr. W.D. Mo. 2010), court held that designation of MERS as a nominee in the Mortgage is “more than sufficient to create an agency relationship between MERS and the Lender and its successors in … Continue reading
April 9, 2013 in Missouri | 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 Missouri | Permalink | No Comments
