Washington Supreme Court: MERS cannot obtain foreclosure power without note

Courtesy of Bill Paatalo, I have located the stark 2009 admission by the Florida Bankers Association that original notes were destroyed contemporaneously with the loan closing. Here is the quote: The reason "many firms file lost note counts as a standard alternative pleading in the complaint" is because the physical document was deliberately eliminated (e.s.) to.

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Wright-Patt Credit Union v. Byington (Ohio 9/13) Accordingly, because appellee failed to present the court with evidentiary quality material in support of its assertion that it was the current holder of the note and mortgage at issue, a genuine issue of material fact remains regarding whether appellee has standing in this foreclosure action and the lower court erred in granting appellee.

MERS (embedded below), Superior Court Judge Raymond Brassard became the second Massachusetts trial judge to endorse the so-called "produce the note" defense in a foreclosure defense case. The question of whether a foreclosing lender must hold both the promissory note and the mortgage at the same time is now before the Supreme Judicial Court.

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Litton Loan Servicing, LP. (No. 86207-9). In those matters, the Supreme Court was considering three questions regarding the Washington State deed of trust act, chapter 61.24 RCW, certified by a federal district court judge presiding over two borrowers’suits for injunctive relief in pending nonjudicial foreclosures. Based on a declaration by their

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In 2009, Kansas became one of the first states to have its supreme court rule against MERS. In Landmark National Bank v. Boyd A. Kesler, the court concluded that MERS failed to follow Kansas statute: the company had not publicly recorded the chain of title with the relevant registers of deeds in counties across the state.

It’s not about Republican or Democrat, Conservative or Liberal, Right or Left it’s about Right and Wrong. This is a Government Of, By and For the People.They work for us, The People, and are duly sworn to uphold all articles of the Constitution.