Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

Skip to comments. LANDMARK DECISION PROMISES MASSIVE RELIEF FOR HOMEOWNERS AND TROUBLE FOR BANKS WebofDebt ^ | Sep 19, 2009 | Ellen Brown Posted on 09/22/2009 12:16:57 PM PDT by djf. A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure.

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.

Attorney Martin Morrison, who represented Wallace in his appeal of the municipal court ruling, indicated to the judge he would once again appeal the matter despite. which is in foreclosure and.

The trial court found in favor of the lender but the Appeals Court panel – citing the Supreme Judicial Court’s Ibanez decision (see related commentary here) – reversed, ruling that the evidence was insufficient to show that the lender was the "holder" of the mortgage (by assignment from MERS) at the time the foreclosure was noticed.

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If the Supreme Court upholds the appeals court’s ruling and the Legislature doesn’t change the law, ‘it means we’ll continue to see judicial foreclosures in Oregon," said Kelly Harpster, a lawyer.

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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.

In BAC Home Loans Servicing, L.P. v. Wedereit, 328 Ga. App. 566 (2014), the Georgia Court of Appeals affirmed a trial court’s sua sponte granting of summary judgment for breach of contract based upon the lender’s failure to give proper notice prior to accelerating the loan at issue. The borrower filed suit for wrongful foreclosure, based upon allegations that the lender did not own the.

 · The Circuit Court found her testimony to that effect to be “uncontroverted” and set aside the foreclosure sale. Id. at 255, 988 A.2d 530. The Court of Special Appeals upheld that decision despite the timing of the exception, reasoning that a circuit court exercises broad equitable powers in a foreclosure action. Id. at 269, 988 A.2d 530.

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