Editor: David Reiss
Brooklyn Law School

March 12, 2013

Ohio Bankruptcy Court Holds that Incomprehensible Payment Histories Evidence Defective Procedures

By Gloria Liu

In In re Cartier, No. 04-15754 (Bankr. N.D. Oh. June 18, 2008),the Bankruptcy court found that the payment history was incomprehensible and that procedures were not followed. There was an order on MERS, through an officer, to appear and show cause, and the show cause related to a defective motion for relief from stay that was filed. The investigation revealed that MERS regulations and procedures had not been followed, and as a consequence, the dots could not be connected to make MERS the noteholder in these cases.  In this case it was clear that MERS was not the noteholder.

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