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 […]

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) […]

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 SUPREME COURT in Bain v. MERS: “MERS is NOT a Beneficiary for Foreclosure if it Never Held the Note.”

We linked the oral argument to this case in the past.  The Washington Supreme Court answered the following certified questions: Opinion: Bain v MERS IndyMac WA S Ct CERTIFIED QUESTIONS 1.     Is Mortgage Electronic Registration Systems, Inc., a lawful “beneficiary” within the terms of Washington’s Deed of Trust Act, Revised Code of Washington section 61.24.005(2), if […]

Oregon Appellate Court Says MERS Does Not Meet Statutory Definition of “Beneficiary”

In Niday v. GMAC Mortgage, LLC, No. A147430 (Or. Ct. App. July 18, 2012 ),Oregon’s appellate court has determined that MERS does not meet the definition of “beneficiary” as set forth in Oregon’s non-judicial foreclosure statute. This is consistent with some of the Oregon federal district court cases where the issue was thoroughly analyzed, such as James […]

State Supreme Court Washington and Kentucky Analyze Rebuttal of Trustee’s Deed Presumption of Validity, and Lien Priority of MERS

A couple of recent mortgage-related state Supreme Court decisions:Wash SC Rebutted Presumption of Validity Trustee’s Deed   MERS v Roberts Ky SC Albice v. Dickinson, Cause No. 85260-0 (Wash. May 24, 2012)(presumption of validity of trustee’s deed rebutted) The trial court ruled that despite procedural noncompliance, the purchaser was a BFP under the statute and quieted […]