Washington Supreme Court: MERS cannot obtain foreclosure power without note

Washington Supreme Court: MERS cannot obtain foreclosure power without note

Secrets to Foreclosure Auctions and Tax Deed Sales Life on MERS: Mapping the Landscape | Stay Informed | K&L Gates – The appellate court reversed the decision of the Supreme Court (the trial court in New York), which had denied the defendant borrowers’ motion to dismiss the plaintiff’s foreclosure action, because the "consolidation agreement" "did not give MERS title to the note, nor [did] the record show that the note was physically delivered to.

“Depp paid interest and some principal payments under the TMG/Depp Note until he terminated TMG as his business manager on March 14, 2016,” the Los Angeles state court filing said, according to.

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During the foreclosure crisis, homeowners were regularly able to successfully raise a "produce the note" defense to fight their foreclosure.(A produce the note defense is based on the legal principle of "standing"-t hat is, who has the right to foreclose.) However, this defense is no longer particularly effective in most cases.

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The problem for the banks is an allonge is only supposed to be used when there is not sufficient blank space on the front or the back of the original note to stamp a "wet" endorsement on the face of that original document to transfer ownership from the lender whose name appears on the face of the note to the next holder of the note.

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[4] The Court, examining the prior case law examining the prejudicial nature of various defects in foreclosure initiating documents. in all situations and should not be acted upon without specific.

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This was an action brought by the grantor of a deed of trust to stop nonjudicial foreclosure proceedings based upon the contention that MERS, the mortgage electronic registration systems, which was the named beneficiary as nominee for the lender, could not legally act as the beneficiary. The defendants moved to dismiss this action on the ground that the complaint did not state a claim upon.

I predict that very soon, nearly all foreclosures in the State of Washington will either be delayed or withdrawn completely, because MERS is involved in most chains of title. Thank you washington supreme court for your just opinion. Congratulations to Melissa Huelsman and Richard Jones for an outstanding argument, WELL done!

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