Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

nevada supreme court ruling upholds nonjudicial foreclosure process. The Nevada Supreme Court decision is at odds with a recent ruling by the 9th Circuit Court of Appeals in a different Nevada.

mortgage foreclosure sheriff sale based on defect in Act 91 pre-foreclosure notice). NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 BANK OF NEW YORK MELLON, F/K/A THE. foreclosure, but represents an appeal to the equitable powers of the trial

The trial court ruled against MERS, holding that MERS was merely an agent of the lender without a separate interest in the property, and not entitled to prior notice of the tax sale. MERS appealed to the Court of Appeals, which affirmed the trial court’s decision for a slightly different reason, holding that MERS did not have standing to.

The Appeals Court has now reaffirmed its holdings that the mers model comports with Massachusetts law, that a mortgagee is not required to have any interest in the underlying note prior to foreclosure, and that a mortgagee requires no authorization from the noteholder to assign the mortgage to another party.

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The most recent foreclosure case heard by a Massachusetts appellate court should allow title underwriters and foreclosing lenders to sleep better at night. In Strawbridge v. Bank of NY Mellon, No. 16-P-1244, embedded below, Appeals Court Justice Peter Agnes upheld the MERS system of holding and assigning mortgages in Massachusetts as a.

 · The creditor then appealed to the Eleventh Circuit Court of Appeals. The Court’s Ruling. In its analysis, the court recognized the split among circuits as to whether a chapter 11 plan can effectively release a non-debtor from claims.

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.

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A ruling by the Kansas Supreme Court determined Mortgage Electronic Registration Systems (MERS) was not a "necessary party" in a mortgage foreclosure proceeding initiated by a first lien holder.

 · Montana Supreme Court upholds large award against Mortgage Servicer for Deceptive Collection Practices. the statutory pre-foreclosure sale reinstatement right.. Court upheld the trial court.