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 […]