January 30, 2013
Rhode Island Superior Court Addresses Challenged to MERS
One of the earliest opinions addressing challenges to MERS in Rhode Island is Bucci v. Lehman Bros. Bank, No. PC-2009-3888 (R.I. Sup. August 25, 2009). The plaintiff challenged MERS’s standing to foreclose on their house following the plaintiff’s default on … Continue reading
January 30, 2013 in MERS/Bank has standing | Permalink | No Comments
January 29, 2013
Court in Suffolk County New York Holds that Bank that Held Note and Mortgage by Way of Assignment from the Original Lender and MERS had Standing in Foreclosure Action
In US Bank N.A. v. Flynn, 27 Misc.3d 802 (N.Y. Sup. Ct. 2010), the Supreme Court of New York, Suffolk County, granted a motion by plaintiff US Bank for partial summary judgment and for dismissal of defendant’s affirmative defenses and … Continue reading
January 29, 2013 in MERS/Bank has standing | Permalink | No Comments
January 25, 2013
Ohio Appellate Court Holds that Lender, as the Real Party in Interest, has Standing to Foreclose
delaware florida illinois kentucky In Countrywide Home Loans Servicing, L.P. v. Shifflet, 2010-Ohio-1266, the Court of Appeals of Ohio, Third District held that the lender had standing to bring a foreclosure action against the homeowners. The homeowners argued that “MERS, … Continue reading
January 25, 2013 in MERS/Bank has standing | Permalink | No Comments
January 24, 2013
Ohio State Court of Appeals Holds that Bank has Standing to Foreclose
In Deutsche Bank Natl. Trust Co. v. Traxler, 2010-Ohio-3940, the Court of Appeals, Ninth District of the State of Ohio held that the bank had standing to commence a foreclosure action against the homeowners. The homeowners argued that the bank … Continue reading
January 24, 2013 in MERS/Bank has standing | Permalink | No Comments
January 18, 2013
New York Supreme Court, Appellate Division Holds that Bank Has Standing to Foreclose
In Countrywide Home Loans, Inc. v Delphonse, 64 A.D.3d 624 (2d Dept. 2009) the Supreme Court, Appellate Division, Second Department found that the lender, Countrywide Home Loans (Countrywide), had standing to foreclose on the Delphonses, the homeowners in the case, … Continue reading
January 18, 2013 in MERS/Bank has standing | Permalink | No Comments
January 16, 2013
New York Supreme Court, Appellate Division, Second Department Holds that MERS has Standing to Foreclose
In Mtge. Elec. Registration Sys., Inc. v Coakley, 41 A.D.3d 674 (2d Dept. 2007), the Supreme Court, Appellate Division, Second Department found that MERS had standing to foreclose on the homeowner. The court held, “[t]he record shows that the promissory … Continue reading
January 16, 2013 in MERS/Bank has standing | Permalink | No Comments
January 13, 2013
United States Bankruptcy Court Bound by Precedent to Recognize Bank’s Standing in Foreclosure Action, but Opines on MERS’s Flawed Assignment Process and Status as Agent
In In re Agard, 444 BR 231, 235 (Bankr. E.D.N.Y. 2011) vacated in part sub nom. Agard v. Select Portfolio Servicing, Inc., BR 8-10-77338 REG (E.D.N.Y. 2012), the United States Bankruptcy Court for the Eastern District of New York held … Continue reading
January 13, 2013 in MERS/Bank has standing | Permalink | No Comments
