Michigan Court Rules Against MERS

Kilgore, Austin
June 2011
Mortgage Servicing News;Jun2011, Vol. 15 Issue 6, p29
The article reports that the Michigan Court of Appeals ruled against Mortgage Electronic Registration Systems Inc. (MERS) in the use of the state's nonjudicial foreclosure process. In the two 2009 cases, the court ruled that MERS could not enforce a defaulted promissory note since Michigan law requires the foreclosing entity to be the owner of the indebtedness. The court also added that the lender's equitable interest in the mortgage could not be translated into an equitable interest for MERS.


Related Articles

  • Two MN Counties Team Up On MERS. Cornwell, Ted // National Mortgage News;3/25/2013, Vol. 37 Issue 12, p30 

    The article reports on the lawsuit filed by counties Hennepin and Ramsey, Minnesota against Mortgage Electronic Registration System (MERS) Inc. to the alleged deprivation of the counties' revenue over the use of electronic registry. It notes that MERs had been accused by borrowers and consumer...

  • NEVADA SUPREME COURT SUPPORTS ROLE OF MERS IN FACILITATING HOME MORTGAGE SECURITIZATION.  // Clarks' Bank Deposits & Payments Monthly;Dec2012, Vol. 21 Issue 12, p6 

    The article discusses the decision of the Supreme Court on the role of Mortgage Electronic Registration Systems Inc. (MERS) in facilitating home mortgage securitization in the David Edelstein v. Bank of New York Mellon foreclosure case in Nevada. It mentions that there would be no foreclosure...

  • Federal Court in Michigan Declines to Reconsider MERS-Related Foreclosures.  // Pratt's Mortgage Compliance Letter;Jul2011, Vol. 11 Issue 7, p2 

    The article focuses on reconsideration denials in Mortgage Electronic Registration Systems Inc. (MERS)-related foreclosures cases such as the Knox v. Trott and Chahine v. First Magnus made by Eastern District of Michigan Southern Division Court due to non-application of Residential Funding case...

  • MERS Litigation in 2012 and 2013: A Survey of Claims by Borrowers and Others. Vance, Richard A.; Bell, Katherine A. // Business Lawyer;Feb2014, Vol. 69 Issue 2, p657 

    The article presents a survey of various legal claims by borrowers and other individuals in relation to the Mortgage Electronic Registration Systems Inc. (MERS) private stock corporation's registry system in 2012 and 2013, focusing on compliance with state recording laws in America and mortgagee...

  • U.S. District Judge in Georgia Rules MERS Can Assign Security Deed.  // Pratt's Mortgage Compliance Letter;Jan2012, Vol. 12 Issue 1, p4 

    The article discusses the court case Philip v. Ducat and Mortgage Electronic Registration Systems Inc. (MERS) wherein the U.S. District Court for the Northern District of Georgia ruled in favor of the defendants and upheld MERS' ability to assign the security deed to a third party.

  • Oregon Federal Court Rules for MERS.  // Pratt's Mortgage Compliance Letter;Feb2012, Vol. 12 Issue 2, p2 

    The article discusses a court case wherein the U.S. District Court for the District of Oregon ruled in favor of co-defendant Mortgage Electronic Registration Systems, Inc. in the case Stolz v. OneWest.

  • MERS Defends Loan Tracking Platform from Its Critics. Kilgore, Austin // Mortgage Servicing News;Nov2010, Vol. 14 Issue 11, p38 

    The article reviews the article about a lawsuit filed against the software developer Mortgage Electronic Registration Systems Inc., which appeared in the periodical "The Washington Post."

  • Upholding of foreclosure rule may help homeowners. Edwards, John G. // Las Vegas Business Press (10712186);12/21/2009, Vol. 26 Issue 51, pP13 

    The article focuses on a ruling by Las Vegas, Nevada U.S. District judge Kent Dawson on a foreclosure hearing. On December 4, 2009, Mortgage Electronic Registration Systems, Inc. (MERS) was denied foreclosure proceedings on residences on behalf of the lenders by Dawson because it was not able to...

  • IDAHO SUPREME COURT ELIMINATES FORECLOSURE DEFENSE OPTION. Ballard, Ryan // Advocate (05154987);May2012, Vol. 55 Issue 5, p20 

    The article focuses on the Idaho court case Trotter v. Bank of New York Mellon, which dealt with foreclosure procedure in Idaho. Information is provided on the case, in which the Idaho Supreme Court held that the mortgage loan servicer Mortgage Electronic Registrations Systems, Inc. (MERS) can...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics