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MERS Case Law - MERS Milestone Report

MERS Case Law - MERS Milestone Report

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Published by winstons2311
MERS Case Law - Mers Milestone Report
MERS Case Law - Mers Milestone Report

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Published by: winstons2311 on Oct 28, 2011
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06/13/2013

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MERS Info - MERS MILESTONE REPORT - SomeCase law
 
**********************************************************************************
 
 MERS maintains a Servicer ID lookup page at:
 https://www.mers-servicerid.org/sis/  The information provided therein is thin and NOT uniformly useful. But it is FREE,INSTANT and can sometimes refute certain false averments made by the criminalforeclosure mills.Ownership information IS given for select investors that have authorized the release of this information. Fannie Mae is amongst those furnishing ownership information.In order to use the lookup, you will need the
MERS Identifier Number (MIN)
whichappears on the first page of your mortgage.
CASE LAW
 
 Mortgage Electronic Registration Systems v. Azize
, Case No. 2D05-4544 , COURT OFAPPEAL OF FLORIDA, SECOND DISTRICT, 965 So. 2d 151; 2007 Fla. App. LEXIS2418; 32 Fla. L. Weekly D 546, February 21, 2007, Opinion Filed , Released forPublication October 23, 2007.http://scholar.google.com/scholar_case?case=6009463802418245406 
Mers Assignment denied
Deutsche Bank Trust Co. Americas v Piconhttp://www.nycourts.gov/reporter/pdfs/2011/2011_31747.pdf  
Bank of NY v Alderazi -
An assignment by an agent without authority from theprincipal is a nullity. Plaintiff failed to provide any evidence that Countrywide hadauthorized MERS to assign its mortgage to Plaintiff. The Court denied the applicationwith leave to renew upon a showing that Countrywide had authorized MERS to assign itsmortgage to Plaintiff. http://www.nycourts.gov/reporter/3dseries/2011/2011_50547.htm 
 
 The Court in RFC further held that MERS analysis ignores the fact
WSJ 
: "Oregon Judge Denies Foreclosure, Challenges MERS"
, by Nick Timoraos(May 26, 2011) [subscription $$$]http://blogs.wsj.com/developments/2011/05/26/oregon-judge-denies-foreclosure-challenges-mers/  The story discusses the Oregon case
 Hooker v. Northwest Trustee Services, Inc.
Northwest TrusteeServices, Inc.
and
MERS
) motion todismiss,memorandum of law in support of motion to dismissand declaration insupport of themotion to dismiss atScribd:
Defendant'sMotion To Dismiss
Memorandum of Law in Support of Defendant'sMotion To Dismiss
Declaration in
 
 
Support of Defendant'sMotion To Dismiss
These documentscan informborrowers what it might look like if when the trustee /  MERS/ servicer /  foreclosure millseeks to dismiss aborrower'sdeclaratory actionwhen brought inFederal Court.
 
 MERS MILESTON  E REPORT 
 
Ironically, in
 Hooker 
, the
MERSMilestone Report
 was put intoevidence by BACand MERS. Thisalmost neverhappens. To thecontrary, in othercases, the serviceror MERS usuallyOBJECTS toproduction and will

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