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26 Jul 2012, 4:04 am
We also expect borrowers will attempt to capitalize on the robosigning provisions to try to breathe new life into the “hold the note” and MERS theories that the California Court of Appeal already rejected.See, e.g., Gomes v. [read post]
23 Jul 2012, 4:10 pm
Lenders using the MERS system do not record the sale or assignment of a beneficial interest because MERS remains in place as the "beneficiary" of a trust deed notwithstanding the sale or assignment. [read post]
20 Jul 2012, 11:16 am
A147430, held that MERS, as the nominal holder of the beneficial interest in a Trust Deed but without being the party to whom the debt is owed, may not foreclose the Trust Deed... [read post]
20 Jul 2012, 9:29 am
Update: See "Oregon Supreme Court will tackle MERS foreclosure issues," by Brent Hunsberger, The Oregonian, July 19, July 20 (print edition), 2012. [read post]
20 Jul 2012, 8:33 am
Related Posts: Breaking: SJC Rules For Lenders and MERS In Eaton v. [read post]
20 Jul 2012, 8:33 am
New Massachusetts Foreclosure Prevention Law Passed Breaking: SJC Rules For Lenders and MERS In Eaton v. [read post]
18 Jul 2012, 11:44 am
Fast forward to the slice-and-dice fast-money 1990s-2000s, when the banksters and money men started financializing everything and you suddenly had a tool that was being used against homeowners in ways never intended, by an entity never imagined by the law, a weird hybrid creature that pretended to be both the beneficiary of the loan (when useful to MERS) and not the beneficiary (again, when useful to MERS).Hurrah for the Oregon Court of Appeals. [read post]
13 Jul 2012, 12:55 pm
Saurman, 805 N.W.2d 183 (Mich. 2011), which held that MERS, as a record holder of a mortgage, owned a debt interest that authorized MERS to foreclose by advertisement under Michigan statutory law despite not owning the underlying debt. [read post]
13 Jul 2012, 10:00 am
(MERS) was not an entity that could foreclose the mortgage, and also that the foreclosure sale suffered from fatal procedural defects. [read post]
13 Jul 2012, 1:00 am
As the mortgage meltdown unfolded it became clear that it would be difficult if not impossible for the bank to foreclose on mortgages in MERS. [read post]
12 Jul 2012, 8:10 am
Stafne and his colleagues submitted an amicus brief to the Supreme Court in Bain v MERS, which involved challenging foreclosure practices. [read post]
10 Jul 2012, 1:01 am
Möglicherweise könnte der Mann bereits auf das Eintreffen des Gerichtsvollziehers zur Zwangsräumung der Wohnung sowie den neuen Wohnungseigentümers gewartet und dann den schrecklichen Plan in die Tat umgesetzt haben. [read post]
8 Jul 2012, 3:26 am
Annie Cudennec (Université de Brest - Law) has published Ordre public et Mer (Pedone 2012). [read post]
28 Jun 2012, 4:13 am
Die vorliegend relevante Klage hatte sich gegen mehrere Parteien gerichtet, nämlich die Bestellerin als Werklohnschuldnerin und gegen mehrere Drittpfandeigentümer auf Eintragung eines Bauhandwerkerpfandrechts. [read post]
25 Jun 2012, 12:00 pm
The court responds directly to the real estate bar's concerns regarding mortgages held by MERS, pointing out that the most recent version of MERS's Rules appears "to recognize that there needs to be a connection made between the mortgage and the underlying debt as a condition precedent to an effective foreclosure by sale. [read post]
25 Jun 2012, 7:59 am
In June 2009, MERS assigned the deed of trust to OneWest, which recorded a notice of default. [read post]
22 Jun 2012, 8:55 pm
MERS System Given Blessing? [read post]
22 Jun 2012, 8:25 am
The court essentially blesses the current MERS and current servicer system where mortgage servicers can show that they have legal authority to act on behalf of mortgage holder/lender to foreclose. [read post]
22 Jun 2012, 6:57 am
In September 2004, youths from a nearby apartment complex broke into the Southern Union facility in Rhode Island and played with some mercury that was stored at the facility, and spread it around the facility and surrounding area. [read post]
16 Jun 2012, 5:42 am
The Bulletin also makes changes to the Guide related to unemployment forbearance, the quality right party contract performance standard, fraud prevention and reporting, and MERS Rule 14. [read post]
