Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

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. 13,000 foreclosure actions against New York homeowners listing itself as the plaintiff, but in many instances, MERS lacked the legal authority to foreclose and did not own or hold the promissory.

Many employed veterans unable to afford typical mortgage In many cities, people cannot afford either to buy or to rent a home. The reasons are familiar: unemployment rates, foreclosure rates, and low-income levels, income disparity between low and high wage earners, high housing costs, and high demand for low-cost housing.

United States Court of Appeals For the First Circuit No. 12-2108 FRANK P. BUTLER, Plaintiff, Appellant, specified that MERS held the "power of sale." On December 1, 2009, MERS assigned Butler’s mortgage to. first foreclosure sale may have been void for failure to provide

mortgage foreclosure sheriff sale based on defect in Act 91 pre-foreclosure notice). NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 BANK OF NEW YORK MELLON, F/K/A THE. foreclosure, but represents an appeal to the equitable powers of the trial

 · Second, the Court holds MERS properly has all the authority to act on behalf of a lender or beneficiary under the terms of the agency agreement between MERS and the lender. Third, plaintiffs must plead "actual prejudice" to set aside a foreclosure sale based on irregularities in the foreclosure process. Here, even if mers lacked authority to.

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.

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The ruling Monday from a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals deals the administration another legal defeat as the Supreme Court considers a separate case on the issue.

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.

In BAC Home Loans Servicing, L.P. v. Wedereit, 328 ga. app. 566 (2014), the Georgia Court of Appeals affirmed a trial court’s sua sponte granting of summary judgment for breach of contract based upon the lender’s failure to give proper notice prior to accelerating the loan at issue. The borrower filed suit for wrongful foreclosure, based upon allegations that the lender did not own the.