MERS v DITTO_TN Supreme Court rules against MERS!. The second known notice of repudiation was filed in the bankruptcy case of Fieldstone Mortgage Company, in a rather voluminous omnibus filing:. In the Robinson case in California, MERS plead to the 9th Circuit (as part of getting the.
Bankruptcy Judge rules against MERS but the decision was overturned. "Aside from the inappropriate reliance upon the statutory definition of "mortgagee," MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. – Judge Grossman, Federal Bankruptpcy Court The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its [.]
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Bankruptcy Judge rules against MERS but the decision was overturned October 17, 2017 Stan Burman "Aside from the inappropriate reliance upon the statutory definition of "mortgagee," MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best.
Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada) On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that.
On May 20, 2010, the Bankruptcy Court for the Eastern District of California followed several other courts in striking claims by lenders who are unable to prove that they are the actual holders or owners of the promissory note. Similar to the Kansas decision of Landmark National Bank v. Kesler, the walker court held that because Mortgage Electronic Registration System (MERS) claims no interest.
This case involves another challenge to a non-judicial foreclosure sale in California. The basic facts of this case are that a borrower initially took out a loan with New Century Mortgage which loan was accompanied by a MERS deed of Trust (MERS was the nominee of the lender and its successors and assigns under the deed of trust and also listed as the beneficiary).
Those holding claims against companies are asked to vote on proposed bankruptcy plans. Objecting to Honeywell’s request is the trustee of CFB’s trust and the Pittsburgh asbestos firm Goldberg, Persky.
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