Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

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MERS’ authority to assign mortgages has been upheld by courts across the country, despite repeated challenges by borrowers. Just in the past year, the Sixth Circuit Court of Appeals upheld MERS’ authority to assign a mortgage in Margelis v.

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.

Breaking News (1.7.11): Mass. Supreme court upholds ibanez ruling, Thousands of Foreclosures Affected Click Here For Our Entire Series Of Post On the Ibanez Case. Update (2/25/10)-Mass. High Court May Take Ibanez Case Today, Massachusetts Land Court Judge Keith Long reaffirmed his controversial ruling made back in March 2009 that invalidated foreclosure proceedings involving two Springfield.

 · Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 21, 2016 Session ANDREA SCOTT ET AL. v. CARLTON J. DITTO ET AL. Appeal from the Circuit Court for Hamilton County No. 11C942 W. Jeffrey Hollingsworth, Judge No. E2014-02390-COA-R3-CV-FILED-AUGUST 31, 2016 This action involves a.

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The Nevada Supreme Court ruled Thursday, Jan. 26, 2017, that a nonjudicial foreclosure process used by investors and speculators to acquire HOA properties during the great recession does not.

For the past several years, the city of Philadelphia has made a concerted effort to sell tax delinquent properties through the tax foreclosure sale process under the Municipal Claims and Tax Lien Act, 53 P.S. Section 7101 et seq.. In a pair of rulings handed down by the Commonwealth Court within the past two months, desperate attempts by property owners to overturn tax sales orchestrated by.

Well we have been talking aboutwrongful foreclosure, the role of MERS and irregularities in the foreclosure process for years now.The Fontenot case recently decided by the California Court of Appeals offers good language for lenders, servicers and MERS.

The owner sued, claiming that whomever owned the loan did not authorize MERS to commence with the foreclosure. The defendants argued that the deed of trust authorized MERS to exercise the power of sale and institute foreclosure proceedings. The court of appeals upheld the right of MERS, as nominee, to conduct a non-judicial foreclosure. It.