A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation’s highest court. Get that: no foreclosure has taken place. The plaintiff is disputing the use of MERS in a foreclosure.
This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have.
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Washington Supreme Court Issues MERS Smackdown. The fact that MERS claims to be a beneficiary, when under a plain reading of the statute it was not, presumptively meets the deception element of a CPA action.
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MERS, Inc., Appellant v Southwest Homes of Arkansas, Appellee The second State Supreme Court ruling – AR 2009. BAC v US Bank – FL Appellate court upholds the concept of determining the standing of the foreclosing party before allowing summary judgement. All cases in FL must now go through this process.
In almost all cases, the Supreme Court’s review is discretionary. This means the court may decide not to accept the case. In that event, the last decision from a lower court is final. When the Supreme Court decides to review a lower court decision, the justices study the record and the questions or points of law it raises.
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"The court’s dismissal of these 72 cases against MERS, including six class actions, is an extremely significant ruling and shows that claims being made against MERS and MERSCORP alleging fraud, or that security interests are unenforceable, or alleging that foreclosures are inappropriate due to MERS? presence as a party, are meritless," said MERSCORP in a statement.
Foreclosure Case Against mers reaches supreme Court Source – Housing Wire A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation’s highest court.