Search for: "In re Agard " Results 1 - 6 of 6
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28 Aug 2011, 9:18 am by malik11397
In In re Agard, a bankruptcy judge analyzed MERS for the purpose of deciding whether a bank seeking foreclosure could prove that it owned the promissory note accompanying the mortgage — a prerequisite in bankruptcy court when asking the court for permission to proceed with the foreclosure. [read post]
12 Mar 2011, 7:39 am by Timothy P. Flynn, Esq.
Judge Robert Grossman acknowledged in a case called In re: Agard, that MERS may be involved with up to 50% of all home foreclosures nationwide, and that his decision may negatively affect the mortgage industry (i.e. accelerate its demise), but his decision required that the process comply with federal and state bankruptcy laws.Many MERS-held "notes" will either not materialize, or will not pass muster relative to the many networks of applicable legal standards.The Iowa Attorney… [read post]
8 Mar 2011, 6:20 am by Timothy P. Flynn
Judge Robert Grossman acknowledged in a case called In re: Agard, that MERS may be involved with up to 50% of all home foreclosures nationwide, and that his decision may negatively affect the mortgage industry (i.e. accelerate its demise), but his decision required that the process comply with federal and state bankruptcy laws.Many MERS-held "notes" will either not materialize, or will not pass muster relative to the many networks of applicable legal standards.The Iowa Attorney… [read post]
15 Feb 2011, 12:57 pm by Rich Vetstein
The case is In Re Agard (click here to download), and essentially throws a huge monkey wrench into a hugely important cog of the entire U.S. mortgage market, the Mortgage Electronic Registration System, Inc. known as MERS. [read post]