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A ruling by the Kansas Supreme Court determined Mortgage Electronic Registration Systems (MERS) was not a "necessary party" in a mortgage foreclosure proceeding initiated by a first lien holder.
At any rate, based upon this, Plaintiff asserted the eventual non-judicial foreclosure sale was invalid and must be set-aside. California Court of Appeal Holding. The court completely disagreed with Plaintiff and essentially stated that the borrower appoints MERS as beneficiary in a nominee capacity in the Deed of Trust.
While the appeals panel upheld. The panel upheld the lower court’s dismissal of a Texas deceptive trade practices act claim and state law claims of promissory estoppel and wrongful foreclosure, and.
AHMSI pressed ahead, foreclosed its mortgage, and ultimately conveyed the property to itself via foreclosure sale. court has upheld a Rule 54(b) certification despite the lower court’s failure to.
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In the 1930s, a total of 28 states enacted foreclosure moratoria and a 1934 Supreme Court decision upheld such laws provided that. The fact is that despite all of the bad press, MERS (done.
Mortgage servicing faces billion-dollar secondary crisis A host of stakeholders will have a say in whether the deal can proceed, including regulators, shareholders and secondary mortgage market participants. ocwen will pay PHH shareholders 0 million and assume $119 million in corporate debt.
Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal Articles written by HousingWire Staff are non-bylined, and typically involve press release coverage and aggregation of coverage appearing.
Despite the objection. and the confirmation of sale was upheld. While neither of these cases ultimately resulted in unconfirmed sales, district courts in Kansas appear to be taking note of the.
In a recent decision rendered by the Maryland Court of Special Appeals (Anderson v. Burson, et al., No. 00434, Sept. Term, 2009, full case here), the Court upheld the rights of the foreclosing bank to foreclose on a property in Howard County, Maryland, finding that the Bank was a proper successor to the holder of the mortgage note and had the same rights as the original holder to enforce.
WASHINGTON, D.C. – The U.S. Supreme Court on May 28 denied a petition for writ of certiorari filed by borrowers who sought review of a Fifth Circuit U.S. Court of Appeals decision that a bank met the requirements to foreclose under Texas law and that a magistrate judge’s decision in the borrowers’ favor was based on an incorrect premise that Mortgage Electronic Registration Systems Inc.
Nevada Supreme Court ruling upholds nonjudicial foreclosure process. The Nevada Supreme Court decision is at odds with a recent ruling by the 9th Circuit Court of Appeals in a different Nevada.