Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

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.

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.

Pay $100 for a Property!  Target Delinquent Property Taxes! from an order of the Judicial Panel on Multidistrict Litigation. notices of trustee sale, notices of substitution of trustee, and. wrongful foreclosure, in violation of Arizona, California, and. state supreme courts have upheld the MERS System on issues. 2012) (stating that, although a split note and deed.

FILING AN APPEAL. Once a bank gets a judgment of foreclosure the bank can try to sell the property. In Ohio the homeowner has 30 days to appeal after a judgment of foreclosure has been entered.. An attorney can help homeowners by filing a Notice of Appeal and a merit brief that argues what errors the trial court made when entering the judgment of foreclosure.

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NC Supreme Court and NC Court of Appeals Published Case Summaries. Trustee filed a power of sale foreclosure before clerk of superior court.. justice despite a conveyance to a good faith purchaser.. held that MERS was merely the nominee under the deed of trust and had no authority to assign.

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 · Oregon Court of Appeals rules against banks, MERS in foreclosure case. Executive Trustee Services Inc. sent Niday a default notice in April 2009 and scheduled a foreclosure sale.

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New York Court’s Ruling in Foreclosure Case Upholds Use of MERS. the New York State Court of Appeals. But the local court’s ruling could also be ammunition for any future attempts by MERS advocates to challenge a recent federal judge’s ruling that MERS, which is operated out of Reston, Va.

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