CALIFORNIA BANKRUPTCY COURT HOLDS THAT MERS CANNOT TRANSFER NOTE FOR WANT OF OWNERSHIP; CITES BOYKO, LANDMARK (KANSAS), LAMY, AND VARGAS CASES. Kesler (Kansas decision as to lack of authority of MERS), LaSalle Bank v. Lamy (New York), and In Re Foreclosure Cases (the "Boyko" decision from Ohio Federal Court).
Mortgage Electronic Registration Systems, Inc. v. Revoredo, et al. (Florida Third District Court of Appeals) Both the 3rd District Court of Appeals in Miami and the 2nd District Court of Appeals in Lakeland held that MERS can foreclose.
Federal Judge Rules: MERS Mortgage Transfers are Illegal. However, by the "Rooker-Feldman" doctrine (or res judicata), the US Bankruptcy Court is prohibited from "looking behind" the state court’s decision to determine the issue of legal standing. Hence, Judge Grossman ruled in the bank’s favor on that particular issue.
MERS v DITTO_TN Supreme Court rules against MERS!. The second known notice of repudiation was filed in the bankruptcy case of Fieldstone Mortgage Company, in a rather voluminous omnibus filing:. In the Robinson case in California, MERS plead to the 9th Circuit (as part of getting the.
Triad Posts $150 Million Q1 Loss Lack of inventory hinders top real estate markets 10 U.S. Markets With the Tightest Housing Supply | realtor.com – Top Real Estate Markets for 2017: The West Leads the Way;. The root cause of the low inventory is the lack of newly built homes. Construction activity in the state capital has been consistently.* Backs FY11 rev view of $135-$150 mln * Shares down 14 pct in after-market May 10 (Reuters) – Conceptus Inc posted a wider-than-expected quarterly loss, hurt partly by a drop in patient visits to.
The 2nd Circuit Court of Appeals delivered a setback Wednesday to ongoing attempts by Stan Lee Media. out of bankruptcy, hoping that the latest appellate decision opens the door for the company to.
· CALIFORNIA BANKRUPTCY COURT HOLDS THAT MERS CANNOT TRANSFER NOTE FOR WANT OF OWNERSHIP; CITES BOYKO, LANDMARK (KANSAS), LAMY, AND VARGAS CASES. MERS’ lack of ownership interest in promissory note is a matter of decided case law based on a record stipulation of MERS’ own lawyers in the MERS v. Nebraska Dept. of Finance decision.
If California regulators further relax the “inverse condemnation” rule-or if a federal court forces them to. a similar move during its 2001 bankruptcy, according to Morgan Stanley, but ultimately.
When the Bankruptcy Rules, the FRCivP and the Civil L.R. are silent as to a particular matter of practice on an appeal to the District Court from the Bankruptcy Court, the assigned District Judge may apply the Rules of the United States Court of Appeals for the Ninth Circuit, the FRAppP, and the Rules of the united states bankruptcy appellate panel of the Ninth Circuit.
REOCON 2013: An update on short sale and REO trends Jack Philson, Sr Editor – Foreclosure News Desk, is on the lookout for the news and information on distressed real estate that you might have missed.His goal is to bring you relevant, and sometimes irreverent, news, comments, updates and perspectives on general happenings and developments across the foreclosure landscape.Young couple charged with fraud in filing deed for $1.1 million house Former French PM Fillon and wife to stand corruption trial. – · Investigating judges have ordered that former prime minister francois fillon and his wife stand trial on corruption charges, a judicial official said on Tuesday.. ($1.1 million) from 1981 to.