September 13, 2013
Arkansas Court Denies MERS’ Motion to Set a Decree of Foreclosure
The Arkansas court in MERS v. Southwest Homes of Arkansas, 301 S.W.3d 1 (2009) denied MERS’ motion to set a decree of foreclosure, therein affirming the decision from the lower court. As the record beneficiary of the deed of trust, … Continue reading
September 13, 2013 in MERS/Bank lacks standing | Permalink | No Comments
September 12, 2013
Just Shoot Me
Florida Twelfth Judicial Circuit Magistrate Bailey issued a Recommended Order in HSBC Bank USA, National Association, et al. v. Marra, No. 2008 CA 000630 NC (Aug. 14, 2013) that makes you want to give up. Not because of the judge, … Continue reading
September 12, 2013 in MERS/Bank lacks standing | Permalink | No Comments
August 22, 2013
Oregon Court Stops Foreclosure Pending Clarification in State Court as to MERS Stating Borrower Has “Likelihood of Success Against MERS…”
The court in Rinegard-Guirma v. Bank of America, et al., Civil Case No. 10-1065-PK, (2010) enjoined the defendants [Bank of America, et al.] from foreclosing on the plaintiff’s [Rinegard-Guirma] property. The plaintiff, Natache D. Rinegard-Guirma, filed a Motion for a … Continue reading
August 22, 2013 in MERS/Bank lacks standing | 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 MERS/Bank lacks standing | Permalink | No Comments
August 1, 2013
A REMIC Unraveling?
An unpublished opinion, Glaski v. Bank of America, No. F064556 (7/31/13, Cal. 5th App. Dist.), presents one possible future for REMICs that failed to comply with the strict rules set for them by Congress and the IRS. Glaski, a homeowner, … Continue reading
August 1, 2013 in MERS/Bank lacks standing | Permalink | No Comments
Nevada Supreme Court Holds a Bank’s Mere Possession of the Note and Deed of Trust is not Sufficient to Create an “Enforceable Interest”
In Leyva v. Nat’l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011) the court found in favor of Leyva that mere possession of the mortgage note does not create an “enforceable interest in the property subject of the mediation.” The … Continue reading
August 1, 2013 in MERS/Bank lacks standing | Permalink | No Comments
Nevada Supreme Court Holds Sanctions are Proper in Foreclosure Mediation when Bank Fails to Provide Either Documents Required by Statute or an Adequate Representative
In Pasillas v. HSBC Bank USA, 255 P.3d 1281 (Nev. 2011), the court held sanctions are appropriate when a bank 1) fails to provide documents required by statute at a mediation session or 2) fails to send a representative with … Continue reading
August 1, 2013 in MERS/Bank lacks standing | Permalink | No Comments
