Travis County Recorder Speaks Out Against MERS and the Fifth Circuit Ruling

In Travis County,  a large Texas county with Austin (my alma mater) serving as the county seat, the County Clerk derided a recent MERS-related decision of the notoriously “conservative” (really meaning bank-oligarchy-friendly rather than some more benign definition of fiscal conservatism) U.S. Court of Appeals for the Fifth Circuit in Harris County v. MERSCorp Incorporated.   The Clerk […]

Dismissals of Lawsuits by Consumers, Employees and for Civil Rights Violations Disparately Impacted by Twombly Iqbal

By Beth: Those attorneys who represent consumers or individuals against corporations will be in the “tell me something I don’t know” category regarding the way the district courts treat the 12(b)(6) motion as the new summary judgment motion.  In other words, post-Iqbal and Twombly, the pleading standards are being used to dismiss the cases of […]

MERS Lacks Legal Authority and Public Accountability

Harvard Amicus Brief on MERS Some of the best quotes, Mortgage servicing companies, banks, courts and government agencies have all expressed astonishment at the extent to which MERS database is inaccurate. (p. 24) “Simply put, ‘MERS is the Wikipedia of land registration systems.’ Culhane v. Aurora Loan Services, 826 F. Supp. 2d 352 (D. Mass. 2011) […]

Sausage Links

  Lots of interesting links before Thanksgiving: The Ferguson Lie — the Grand Jury was Kabuki Theatre at its worst: That the grand jury did not indict Ferguson Police Officer Darren Wilson was a foregone conclusion.  To those of us who don’t have to look up a study or read a law review article to understand […]

Foreclosure Links

Evidence Suggests MERS Was Conceived in a “Fraud Friendly” Way   Bank of America’s Assignment and Blank Endorsement Were Insufficient to Transfer Ownership Interest 2014-10-16 – Nash – Final Judgment Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP v. Nash, Case No. 49-2011-CA-004389, In […]

Arizona Supreme Court Denies Review of Steinberger: Steinberger and Stauffer Stand as Lone Pillars of Hope in a Formerly Hopeless Situation for Arizona Homeowners

Yesterday was a good day for homeowners in Arizona, yet in a very quiet way.  Often in the law, it is the seemingly bone-dry incremental progress that can change the whole chess game.  I think most lawyers have expended some effort trying to explain their exuberance over a seemingly tiny development to  audiences including our […]

Wells Fargo Manual for Fabricating Foreclosure Documents

One of the country’s largest banks designed a specific, formal process for falsifying paperwork when its foreclosure efforts were impeded by missing documents, according to documents filed in a New York court earlier this week. Naked Capitalism: New Lawsuit Alleges Wells Fargo Has Manual for Mass Fabrication of Foreclosure Documents NY Post Article:  Wells Fargo Made Up On-Demand […]