September 13, 2013
United States District Court, Eastern District of Arkansas Dismisses Borrower’s Claim of Invalid Assignment
The United States District Court, Eastern District of Arkansas in Kimberly Peace v. MERS, 4:09-cv-00966 (2010) granted MERS’ motion to dismiss. The court found that the assignment to MERS was valid. This also led the court to decide that BAC … Continue reading
September 13, 2013 in Downstream litigation commentary | Permalink | No Comments
August 30, 2013
Alabama Court Holds That MERS’ Assignment to Current Servicer of the Mortgage Loan was Valid
The Alabama court in Mortensen v. MERS et al, S.D. Ala. No. CV10-234-S (2010) after considering both arguments, granted summary judgment to MERS as well as all defendants. The court found that the borrower, from his own volition, knowingly and … Continue reading
August 30, 2013 in Downstream litigation commentary | 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 commentary | Permalink | No Comments
August 2, 2013
Borden and Reiss on Show Me The Note!
Brad and I were e-interviewed by the Knowledge Effect, a Thomson Reuters blog on our recent article (co-authored with KeAupuni Akina), Show Me The Note!. The interview is below: Westlaw Journals: Your commentary is about the success of the “show … Continue reading
August 2, 2013 in Downstream litigation commentary | Permalink | No Comments
July 23, 2013
Shadowed by the Shadow Inventory
My former colleague at Seton Hall, Linda Fisher, has posted Shadowed by the Shadow Inventory: A Newark, New Jersey Case Study of Stalled Foreclosures & Their Consequences on SSRN. The paper presents the findings of a small, but interesting empirical … Continue reading
July 23, 2013 in Downstream litigation commentary | Permalink | No Comments
July 10, 2013
Assignment Ball and Chain
An undated Nationwide Title Clearing, Inc. “White Paper” (actually, more of an advertorial), Understanding Current Assignment Verification Practices, is making the rounds of the blogosphere. It opens, The scrutiny of the completeness of collateral review and valid assignment chains has … Continue reading
July 10, 2013 in Downstream litigation commentary | Permalink | No Comments
July 2, 2013
The Future of Foreclosure
Professor Roger Bernhardt (Golden Gate University School of Law) has posted The Future of Foreclosure to SSRN. This short article is ostensibly about a few recent California foreclosure decisions but I was more intrigued by its “case for going back … Continue reading
July 2, 2013 in Downstream litigation commentary | Permalink | No Comments
