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MERS Mortgages Foreclosure

Butler Snow LLP

Sixth Circuit Nixes TILA Rescission Claim

Butler Snow LLP on

Two homeowners tried to rescind their home mortgage loan when they weren’t notified that the deed of trust had been assigned. Although this argument may have been a creative way to stave off a foreclosure, it was not...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Court of Appeals Upholds MERS’ Authority to Assign Mortgages

The Fifth Circuit Court of Appeals recently handed Mortgage Electronic Registration Systems, Inc. (MERS) another victory against challenges to MERS’ authority to assign a mortgage. In Ferguson v. Bank of New York Mellon, the...more

Bradley Arant Boult Cummings LLP

Nevada Supreme Court Reverses Course on MERS

The Nevada Supreme Court recently reversed – or at least clarified – the impact of MERS in Nevada under the approach set forth in the Restatement (Third) of Property: Mortgages. The Supreme Court had held in 2012 that at the...more

Pierce Atwood LLP

Does Your Notice of Default and Right to Cure Letter Comply with Maine Law?

Pierce Atwood LLP on

The Maine Law Court’s recent decision Bank of America, N.A. v. Greenleaf, 96 A.3d 700 (Me. 2014) has drawn significant attention to the issue of a mortgagee’s standing to foreclose a mortgage it holds by assignment from...more

Bradley Arant Boult Cummings LLP

Maine Supreme Court Addresses MERS Assignments and Payoff Amounts During Cure Periods

The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a...more

Baker Donelson

Tennessee Court of Appeals Confirms Foreclosures Cannot Be the Basis for a TCPA Claim

Baker Donelson on

On September 25, 2012, the Middle Section of the Tennessee Court of Appeals issued an opinion confirming that foreclosure proceedings cannot serve as the basis for a Tennessee Consumer Protection Act (TCPA) claim. ...more

Snell & Wilmer

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

Snell & Wilmer on

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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