Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

The state Court of Appeals has upheld a Genesee Circuit Court ruling that allowed for the foreclosure sale of a multi-million dollar condominium development in Grand Blanc Township.

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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.

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District Court Upholds MERS Rights to Assign and Foreclose. in court on Tuesday as the U.S. Court of Appeals for the 11 th Judicial Circuit validated. upheld the decision of the U.S.

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A ruling issued today, Glarum v. LaSalle Bank, by the court of appeals for Florida’s fourth district, may have thrown a really big wrench in the foreclosure machinery state-wide. I say "may" because this ruling has such big implications that the bank has good reason to appeal to try to get the decision reversed or narrowed. The ruling itself is remarkably straightforward and damning.

The court held that “MERS has standing to seek relief for its Writ of Assistance and is the proper party to foreclose the mortgage as MERS is the mortgagee of record and holder of the promissory note.” MERS obtained a foreclosure judgment, held the foreclosure sale, and obtained a post-judgment

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.

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.

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Law360, Miami (October 11, 2016, 9:12 PM EDT) — The Eleventh Circuit has upheld a judgment. Procedures Act, ruling in a published opinion that a Florida couple’s bid for relief from a foreclosure.

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