November 25, 2013
Deutsche Bank Fails to Sufficiently Prove Ownership in Maine Supreme Judicial Court
In Deutsche Bank Nat’l Trust Co. v. Wilk, 2013 ME 79, 76 A.3d 363 (Me. 2013), the Maine Supreme Judicial Court vacated a judgment of foreclosure for Deutsche Bank on appeal by homeowner for Deutsche Bank’s failure to show ownership … Continue reading
November 25, 2013 in MERS/Bank lacks standing | Permalink | No Comments
November 13, 2013
Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners
The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is … Continue reading
November 13, 2013 in MERS/Bank lacks standing | 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 MERS/Bank lacks standing | Permalink | No Comments
October 9, 2013
Enforcing The Mortgage Note
Elizabeth Renuart has posted Uneasy Intersections: The Right to Foreclose and the UCC to SSRN. This is a subject that Brad and I have touched on a bit in the context of the Show Me The Note! defense, but Renuart … Continue reading
October 9, 2013 in MERS/Bank lacks standing | Permalink | No Comments
October 2, 2013
Southern District of California Bankruptcy Court Holds that MERS’ Role as Beneficiary Does Not Provide Protection Against Foreclosure Deficiencies
In In re Doble , BK 10-11296-MM13, 2011 WL 1465559 (Bankr. S.D. Cal. Apr. 14, 2011), the court held that MERS’ limited role as beneficiary of the deed of trust did not provide protection against foreclosure deficiencies. MERS’ role did … Continue reading
October 2, 2013 in MERS/Bank lacks standing | Permalink | No Comments
September 23, 2013
Deane Finds Us East of Eden
Last week, I discussed a NYLJ article about the “Show Me The Note” argument in New York. The article discussed a recent case, Bank of N.Y. Mellon v. Deane, 2013 Slip Op. 23244 (Sup. Ct. Kings Country July 11, 2013). … Continue reading
September 23, 2013 in MERS/Bank lacks standing | Permalink | No Comments
September 18, 2013
Show Me The Note, NY Style
Steiner, Goldstein & Sohn published a short article in the New York Law Journal, Clearing The Confusion: Misplaced Notes and Allonges (Sept. 18, 2012) (behind a paywall). While intended to address commercial real estate finance, it relies on an interesting … Continue reading
September 18, 2013 in MERS/Bank lacks standing | Permalink | No Comments
