MERS, Assignments | JD Supra Law News

Mortgage Banking Update - March 08, 2013

by Richard J. Andreano, Jr., Sharon Wilson Geno, Amy Glassman, Barbara S. Mishkin, Nydia Pouyes, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 3/8/2013

In This Issue: - Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules - Bipartisan Policy Center Proposes New Directions for National Housing Policy - FTC...more

Kentucky County Clerks Cannot Sue MERS for Failure to Record Mortgage Assignments, Sixth Circuit Rules

by Richard J. Andreano, Jr., Martin Bryce, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 2/27/2013

The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court’s dismissal of a putative class action filed against Mortgage Electronic Registration Systems (MERS), its parent company, and 15 financial...more

First Circuit Holds Massachusetts Borrower Can Challenge The Validity Of A Mortgage Assignment, But Holds The Assignment Valid

by BuckleySandler LLP on 2/26/2013

On February 15, the U.S. Court of Appeals for the First Circuit held a borrower had standing to challenge the assignment of the borrower’s mortgage under certain circumstances, even though the borrower was not a party to the...more

MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules

by Anthony Kaye, Emily Wegener | Ballard Spahr LLP on 2/20/2013

Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust, the U.S. Court of Appeals for the First Circuit has ruled....more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

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MERS › Assignments

Mortgage Banking Update - March 08, 2013

Kentucky County Clerks Cannot Sue MERS for Failure to Record Mortgage Assignments, Sixth Circuit Rules

First Circuit Holds Massachusetts Borrower Can Challenge The Validity Of A Mortgage Assignment, But Holds The Assignment Valid

MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

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