Judges Should Not Engage in Ad Hoc Law-Making to Help Banks Skirt Legal Requirements at Homeowners’ Cost

Should our judges be skewing our laws in favor of after-the-fact relief to the “community of lenders,” as one appellate court judge put it? Yale Law Journal published an interesting comment about judicial law-making in the foreclosure context.  In discussing the context of judicial foreclosure and res judicata finality principles, the authors said: When addressing faulty foreclosures, […]

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 […]

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 […]

Foreclosure News

Excellent article by Professor Elizabeth Renuart for the William & Mary Law Review, entitled Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?  New case out of California recognizing some basic principles homeowners have been fighting to have courts understand and apply: Glaski v. JPMorgan Chase Good new case by Arizona Supreme Court, Sullivan […]

Oregon Supreme Court in Niday Case

Here’s an excerpt of a great summary of the Niday case, from HouseKeeping Report.  Go to the site and read the whole thing; it is worth your time: Niday Gets Interesting Up to this point, the opinion is little more than a recap of Brandrup. The court makes simple work of showing that MERS is […]

Washington Attorney General Reaches Consent Decree With ReconTrust

ReconTrust is a Bank of America company that pretends to be an independent trustee under deeds of trust serviced and sometimes owned by other Bank of America affiliates. The AG for the State of Washington took Recon to task for failing to meet the obligations of a trustee under Washington’s non-judicial foreclosure statute. WA-Recontrust Consent […]

Unseemly is One Word For It

This is a great post on Naked Capitalism from Michael Olenick.  The scenario described is not at all rare, unfortunately. Elements of their case that should surprise have become the new normal. An assignment of their mortgage from Resmae to ACE 2007-HE4 was dated Feb. 27, 2007, notarized Jan. 9th, 2009, and recorded May 22, […]

Arizona Supreme Court Hogan Decision Released Tomorrow

The Arizona Supreme Court said, regarding the long-awaited decision, on its web site today: The Arizona Supreme Court anticipates the filing of an Opinion in the following cases at approximately 10:00 a.m. on the next business day: CV-11-0115-PR    HOGAN v. WASHINGTON MUTUAL BANK et al consolidated with CV-11-0132-PR    HOGAN v. WASHINGTON MUTUAL BANK et al The plaintiff in this case, […]