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Court Ruling Upholds Foreclosure Sale Despite MERS’ Appeal

2009), is the most recent decision. a motion for sale confirmation, MERS filed a motion to intervene, claiming lack of notice and violation of due process. The district court denied the motion and.

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In July the Oregon Court of Appeals handed down a decision that could make foreclosures much more difficult, expensive and time consuming for banks and the Mortgage Electronic Registration System (MERS). The case, Niday v. Mortgage Electronic Registration Systems Inc., et al held that MERS, when acting as a nominee for a lender is not a.

The owner sued, claiming that whomever owned the loan did not authorize MERS to commence with the foreclosure. The defendants argued that the deed of trust authorized MERS to exercise the power of sale and institute foreclosure proceedings. The court of appeals upheld the right of MERS, as nominee, to conduct a non-judicial foreclosure. It.

NC Supreme Court and NC Court of Appeals Published Case Summaries. Trustee filed a power of sale foreclosure before clerk of superior court.. justice despite a conveyance to a good faith purchaser.. held that MERS was merely the nominee under the deed of trust and had no authority to assign.

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 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 BANK OF NEW YORK MELLON, F/K/A THE.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

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I did not check court files,” Houston said. “I basically had gone off my personal knowledge of Mr. Kelty and his ability within the area of municipal law.” Loan from Houston’s bank Despite financial.

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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. The advantage of a Short Sale compared to a.

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