MERS “chain-of-custody” issues preventing foreclosures.

[afx114]

Anyone know anything about this? It says it only applies to Kansas, but will this set a precedent for the entire country? What happens next for both the troubled homeowners and the banks? What does this mean for the rest of the market?

A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that registers mortgages electronically and tracks changes in ownership. The significance of the holding is that if MERS has no standing to foreclose, then nobody has standing to foreclose – on 60 million mortgages. That is the number of American mortgages currently reported to be held by MERS. Over half of all new U.S. residential mortgage loans are registered with MERS and recorded in its name.

It seems that a court has ruled that about half of the mortgage market has been run as a criminal enterprise for years, which would invalidate any potential forelosure proceedings for about, oh, 60 million mortgages.

http://www.globalresearch.ca/index.php?context=va&aid=15324 via http://trueslant.com/matttaibbi/2009/09/22/landmark-decision-massive-relief-for-homeowners-and-trouble-for-the-banks/

[jpinpb]

This is one heck of a cog in the wheel. I see more litigation and appeals here.

[jpinpb]

This is one heck of a cog in the wheel. I see more litigation and appeals here.

[jpinpb]

This is one heck of a cog in the wheel. I see more litigation and appeals here.

[jpinpb]

This is one heck of a cog in the wheel. I see more litigation and appeals here.

[jpinpb]

This is one heck of a cog in the wheel. I see more litigation and appeals here.

[urbanrealtor]

Since like 99% of foreclosures in our fair state are non-judicial (by design and contract) this would likely be a non-issue.

Now if anyone tried to fight the foreclosure (which is honestly rare) this could come up.

However the real issue is that California repos don’t require a judge or atty. It just requires a dude to file a form at the county office and 17 bucks for recording.

In case you’re wondering, yes, this does result in errors and abuse.

[urbanrealtor]

Since like 99% of foreclosures in our fair state are non-judicial (by design and contract) this would likely be a non-issue.

Now if anyone tried to fight the foreclosure (which is honestly rare) this could come up.

However the real issue is that California repos don’t require a judge or atty. It just requires a dude to file a form at the county office and 17 bucks for recording.

In case you’re wondering, yes, this does result in errors and abuse.

[urbanrealtor]

Since like 99% of foreclosures in our fair state are non-judicial (by design and contract) this would likely be a non-issue.

Now if anyone tried to fight the foreclosure (which is honestly rare) this could come up.

However the real issue is that California repos don’t require a judge or atty. It just requires a dude to file a form at the county office and 17 bucks for recording.

In case you’re wondering, yes, this does result in errors and abuse.

[urbanrealtor]

Since like 99% of foreclosures in our fair state are non-judicial (by design and contract) this would likely be a non-issue.

Now if anyone tried to fight the foreclosure (which is honestly rare) this could come up.

However the real issue is that California repos don’t require a judge or atty. It just requires a dude to file a form at the county office and 17 bucks for recording.

In case you’re wondering, yes, this does result in errors and abuse.

[urbanrealtor]

Since like 99% of foreclosures in our fair state are non-judicial (by design and contract) this would likely be a non-issue.

Now if anyone tried to fight the foreclosure (which is honestly rare) this could come up.

However the real issue is that California repos don’t require a judge or atty. It just requires a dude to file a form at the county office and 17 bucks for recording.

In case you’re wondering, yes, this does result in errors and abuse.

[ucodegen]

The ruling is based upon whether the person who is trying to repossess can prove that they really hold the loan, particularly if they are not the entity that originated it.

MERS has no standing because they don’t own it.. unless they are being paid to ‘service’ the loan, at which point they do. The problem is.. can MERS prove that they control that loan (paperwork trail?).

During the real-estate madness heydays.. I don’t think that many people were keeping the paperwork in order.

[ucodegen]

The ruling is based upon whether the person who is trying to repossess can prove that they really hold the loan, particularly if they are not the entity that originated it.

MERS has no standing because they don’t own it.. unless they are being paid to ‘service’ the loan, at which point they do. The problem is.. can MERS prove that they control that loan (paperwork trail?).

During the real-estate madness heydays.. I don’t think that many people were keeping the paperwork in order.

[ucodegen]

The ruling is based upon whether the person who is trying to repossess can prove that they really hold the loan, particularly if they are not the entity that originated it.

MERS has no standing because they don’t own it.. unless they are being paid to ‘service’ the loan, at which point they do. The problem is.. can MERS prove that they control that loan (paperwork trail?).

During the real-estate madness heydays.. I don’t think that many people were keeping the paperwork in order.

[ucodegen]

The ruling is based upon whether the person who is trying to repossess can prove that they really hold the loan, particularly if they are not the entity that originated it.

MERS has no standing because they don’t own it.. unless they are being paid to ‘service’ the loan, at which point they do. The problem is.. can MERS prove that they control that loan (paperwork trail?).

During the real-estate madness heydays.. I don’t think that many people were keeping the paperwork in order.

[Author]

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