Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

Existing-home sales plummet 15.3% in May Lengthy foreclosure timelines carry hidden costs for homebuyers Foreclosure timelines for private-label residential mortgage-backed securities loans backed by properties in California and Nevada, two non-judicial foreclosure states, will remain lengthy over.Existing Home Sales Plummet By Double Digits In december. nar downplays effect Of Government Shutdown. Existing home sales plummeted by double digits in December compared to the year before. Both October and November saw gains in existing home sales. Yet, that all abruptly changed according to the latest existing home sales report from the.

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. Citing the Fifth Circuit’s prior decision in Reinagel v. The advantage of a Short Sale compared to a.

Typical day at the Foreclosure Auction Standing to File a Foreclosure Requires. – Court News Ohio – A foreclosure action consists of both an action at law to collect on a promissory note to repay a mortgage debt and an action in equity to enforce a mortgage interest by sale of the property through foreclosure, the ohio supreme court explained today.

The anti-Glaski pundits and those who took the position that Glaski was an "outlier" decision have now been silenced (the same thing which happened in Oregon when the homeowners’ victory against MERS in the Niday case in the Oregon Court of Appeals was similarly characterized, which stopped when the Supreme Court of Oregon unanimously.

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The arguments involve MERS. the foreclosure process has been upheld, either in the initial court proceeding or upon appeal, when proper evidence is presented before the court,” she said in an.

The Fifth Circuit Court of Appeals recently handed Mortgage electronic registration systems, Inc. (MERS) another victory against challenges to MERS’ authority to assign a mortgage. In.

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.

Citing Ibanez, Appeals Court Panel Reopens Lender's. – The trial court found in favor of the lender but the Appeals Court panel – citing the Supreme Judicial Court’s Ibanez decision (see related commentary here) – reversed, ruling that the evidence was insufficient to show that the lender was the "holder" of the mortgage (by assignment from MERS) at the time the foreclosure was noticed.

Massachusetts Land Court judge Keith Long reaffirmed a 2009 ruling (ibanez) that invalidated foreclosures on two properties because the lenders did not hold clear title to them at the time of the foreclosure sale. Now this decision is still subject to appeal, and Richard Vetstein of the Massachusetts Law Blog (hat tip reader Barbara W) thinks.

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Foreclosure counsel practicing in this jurisdiction should take heed of the following excerpt from the decision. clear in defining MERS’ role. The court also upheld an assignment of the mortgage.

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