August 27, 2013
Alabama Court Rules That Demonstration of Note Ownership is Not Needed
The court in Farkas v. SunTrust Mortgage, Inc, et al., 447 F. App’x 972 (11th Cir. 2011) found that Alabama is a non-judicial foreclosure state and that the party seeking foreclosure was not required to demonstrate ownership of the promissory note … Continue reading
August 27, 2013 in Downstream litigation by state | Permalink | No Comments
August 26, 2013
Hawaiin Court Rejects Plaintiff’s Allegations of Fraud Against MERS and Grants Summary Judgement
The court in Sakugawa v. MERS et al, D. Hawaii, 1:10-cv-00028 (Feb. 25, 2011) granted summary judgment in favor of MERS. Thus rejecting the plaintiff’s accusations for fraud and claims of state law violations regarding loan origination. The court also found that … Continue reading
August 26, 2013 in Downstream litigation by state | Permalink | No Comments
August 25, 2013
Pennsylvania Appellate Court Affirms MERS’ Standing to Foreclose
The Pennsylvania appellate court in MERS v. Estate of Harriet L. Watson, et al., Superior Court of Pennsylvania # 637 WDA (2006), affirmed the standing of MERS to foreclose. The case involved counter-claims as well as affirmative defenses filed by … Continue reading
August 25, 2013 in Downstream litigation by state | Permalink | No Comments
Illinois Federal Appellate Court Rules That MERS Had Sufficient Authority to Commence Foreclosure Proceeding in its Capacity as an Agent
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
August 25, 2013 in Downstream litigation by state | Permalink | No Comments
Georgia Court Authoritatively Recognizes MERS’ Right to Foreclose
The court in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005) authoritatively recognized the right of MERS to foreclose. This case involved an action to … Continue reading
August 25, 2013 in Downstream litigation by state | Permalink | No Comments
August 23, 2013
Bernhardt on Dangerous Assignments
Roger Bernhardt gave me permission to repost this analysis, which has appeared on Dirt and elsewhere: Heritage Pac. Fin. v Monroy The same appellate panel that delivered a terrifying punch to the residential lending industry a few months ago in … Continue reading
August 23, 2013 in Downstream litigation by state | Permalink | No Comments
August 22, 2013
Arkansas Court Holds That MERS Had Standing to Seek Relief for its Writ of Assistance
The court in Mortgage Electronic Registration Systems, Inc. v. Stephanie Gabler, et al., (Circuit Court of Garland County # 2004-17-II) held that “MERS has standing to seek relief for its Writ of Assistance and is the proper party to foreclose … Continue reading
August 22, 2013 in Downstream litigation by state | Permalink | No Comments
