May 2, 2014
Court Rejects Arguments that Mortgage Electronic Registration Systems, Inc. Lacked the Authority to Assign Mortgage
The court in deciding Jones v. Nationstar Mortg. LLC, 2013 U.S. Dist. (W.D. Mich., 2013) granted defendant Nationstar’s motion for summary judgment.
Plaintiff alleged that the foreclosure of his property was unlawful for the following reasons: (1) Nationstar refused to accept his payment of $1,019.74; (2) Nationstar failed to produce the original note with the red blood signature; (3) Mortgage Electronic Registration Systems, Inc. (MERS) lacked the authority to assign the mortgage; (4) Plaintiff was not afforded sufficient due process; and (5) Nationstar lacked standing to seek foreclosure. Defendants moved for summary judgment.
Plaintiff had responded to defendant’s motion for summary judgment. However, this court found that the plaintiff had failed to submit any evidence challenging, refuting, or otherwise calling into doubt the evidence submitted by the defendant.
Instead, the court found that the plaintiff had submitted several exhibits that supported the defendant’s motion for summary judgment. Plaintiff had also submitted an affidavit in which he asserted irrelevant matters such as the fact that the defendant Nationstar “was not a human being” and defendants “did not have the rights of a natural human being.”
This court found that to the extent that plaintiff had asserted relevant facts, such did not advance plaintiff’s position.| Permalink