REFinBlog

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 →

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 →

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 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 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 →

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 →

Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws

The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading →