Deutsche Bank Loses – Homeowner Wins in Honolulu
Deutsche Bank Can’t Foreclose Deutsche Bank stacked up yet another loss in their attempts to claim a home through foreclosure. “One of the most important decisions for Borrowers Rights in the history...
View ArticleNo Legal Standing to Foreclose
Judge Views MERS Win in Nebraska as Evidence that MERS Cannot Foreclose In South Carolina, the Court held that MERS does not have standing to foreclose. The Court reached this decision based upon...
View ArticleLender Must Hold Note & Mortgage
New York Judge Ruled The Lender Must Hold Both the Note and the Mortgage It’s a matter of proving legal standing. U.S. Bank National Association, etc., v. Dellarmo – This Judge determined “In a...
View ArticleTexas Appellate Court Upholds Quiet Title
MERS Loses to Texas Borrower In MERS v. Groves the Texas Trial Court Awarded Quiet Title to Borrower by Default Judgement Borrower claimed that MERS involvement in her deed of trust invalidated said...
View ArticleServicers Are Not the Real Party of Interest
An Assignment of the Deed of Trust is Not Sufficient to Foreclose In Re Jacobson - Servicer is not “real party in interest” and cannot bring motion for relief from stay. Only the holder of the...
View ArticleConnecticut Appellate Court Says Must Have Note & Mortgage
Two Strong Connecticut Rulings Securitization separates the Note and Mortgage. Appellate Ruling states that the Connecticut Legislature never meant for a holder of a mortgage to be able to foreclose...
View ArticleMortgage Documents Cannot Be Separated
Oregon Judge Rules that the Note & Security Instrument Cannot be Separated James v. Recontrust, et al. - The note and its security instrument cannot be passed to separate parties – MERS lacks...
View ArticleLenders In California Must Hold the Note & Deed
California Bankruptcy Court Ruled That MERS Had No Standing In Re Vargas - The Bankruptcy Court found many errors with regard to the proceedings instituted by MERS to get relief from stay so it...
View ArticleHolmes & Galt
Home Loan Analysis Reporting (HLAR) Has Become the Crisis That Banks Cannot Easily Overcome Across the Nation MERS and the Lenders have taken a beating trying to foreclose Loans. A problem loan –...
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