Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

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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.

This is starting to get interesting, although it is far from conclusive. 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 [.]

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MERSCORP Holdings announced the Dallas County District Court, 101st Judicial District, issued a final judgment in MERS. today’s ruling, Summit Residential Services acquired an interest in the.

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.

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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.

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Skip to comments. LANDMARK DECISION PROMISES MASSIVE RELIEF FOR HOMEOWNERS AND TROUBLE FOR BANKS WebofDebt ^ | Sep 19, 2009 | Ellen Brown Posted on 09/22/2009 12:16:57 PM PDT by djf. A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure.

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.

Massachusetts Court of Appeals upholds MERS rights. By Ben Lane | Housing Wire. Rules mortgage assignment was valid. MERSCORP’s rights as mortgagee have come under fire in many courtrooms throughout the U.S., but a decision from the Massachusetts Court of Appeals reinforces the company’s right to assign a mortgage.