Washington Supreme Court: MERS cannot obtain foreclosure power without note

Boeing Co., 10-35238, U.S. Court of Appeals for the Ninth Circuit (San Francisco). The original case is Tides v. Boeing Co., 2:08-cv-01601, U.S. District Court, Western District of Washington..

A slip opinion is not necessarily the court’s final written decision. Slip opinions can be changed by subsequent court orders. For example, a court may issue an order making substantive changes to a slip opinion or publishing for precedential purposes a previously “unpublished” opinion.

Mortgage Foreclosures, Missing Promissory Notes, and the Uniform Commercial Code: A New Article For the last few years I have been crossing the country giving lectures on what I now call the "Golden Rule of Mortgage Foreclosures," which is that such foreclosures cannot proceed without production of the original promissory note signed at the.

Before readers get worried by virtue of the headline that the Supreme Court will use its magic legal wand to make the dubious MERS mortgage. In Washington, the state attorney general has filed suit.

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1. Mers cannot be the beneficiary without holding the note. That decision is not terribly surprising. 2. The court did not answer the question of the legal effect of MERS acting as beneficiary. That is extremely disappointing, but most likely due to the case having come up from the US District Court as a certified question to the Supreme Court.

File a Quiet Title - Get your Property FREE AND CLEAR From MERS Banks (Note: I have no knowledge of their status. This appears to be an open question for the Supreme Court to decide. On 8/26 at about 1200 hours I was working a plainclothes detail involving deviant.

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Illegal is illegal, no matter how much power Wall Street has in Washington; laws would have. to the security instrument — a mortgage without the note has been ruled a "nullity" by the Supreme.

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Florida's Third District Court of Appeal issued an opinion reaffirming many core principles of foreclosure law, including standing, negotiability, unclean hands, and. and the Mortgage could be sold without prior notice to the Borrowers.. on the Note, but prior to the filing of the Trustee's Complaint, MERS.

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Two landmark developments on August 16 th give momentum to the growing interest of cities and counties in addressing the mortgage crisis using eminent domain: The Washington State Supreme Court. v..