[quote=njtosd]Don’t really know how relevant this is to anything. MERS seems to have failed to file a timely answer – so the result was independent of the underlying facts of the case.[/quote]
I concur. Quoted:
MERS was served with process but failed to file an answer, and Groves filed a motion for default judgment. The trial court signed a default judgment against MERS stating that (1) Groves owns the property in question; (2) the deed of trust is “void and of no force or effect;” and (3) the deed of trust be removed from the property title.
The problem is that MERS tried to appeal making claim that her action was invalid. This should have been their first response instead of not responding and getting a default judgment. MERS had their chance and the door closed. You have to appeal based on new ground or invalidity of process. Problem is that if you don’t respond – you can get hit with a default judgment – which is normal process.
It just means that MERS has to wake up when it gets served…
