Posts Tagged ‘Respondents’
MERS Smackdown- Two Important New Foreclosure Cases
Author: Matthew D. Weidner, Esq.
Both from Missouri (who knew that solid midwestern state was on the cutting edge of such an important issues?) both opinions rejecting foreclosure relief based on questionable assignments and questionable authority of agents issuing assignments. (Might be fraud, might be document creation, might be “just” creating evidence for a case) Read both here:
These opinions, and the Futtrell Oral Argument video previously posted remind us of the need to continue to make it clear that a mortgage foreclosure is really an action on two contracts: 1) the mortgage and 2) the note. Very different rules apply to each document. The foreclosure mills and their clients want to ignore these distinctions and judges sometimes aren’t catching them, (MERS hereby assigns all its interest in The Note) but they are fundamental, key areas of the law that cannot be ignored.
