Superior Court (1999) 73 Cal.App.4th 691, 700 [” In order to challenge the sale successfully there must be evidence of a failure to comply with the procedural requirements for the foreclosure sale that caused prejudice to the person attacking the sale.’ “].) Setting aside a nonjudicial foreclosure sale is an equitable remedy. (Lo v.
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· FORECLOSURE CASE BOMBSHELL – A JUDGE EXPLAINS WHY FORECLOSURE IS A FRAUD! CHASE, in the instant action, committed a fraud upon the Court by claiming to be the plaintiff.
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District Court Upholds MERS Rights to Assign and Foreclose. in court on Tuesday as the U.S. Court of Appeals for the 11 th Judicial Circuit validated. upheld the decision of the U.S.
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Only after Sovereign clearly had notice of the litigation, had filed a motion to intervene, and had participated in a hearing on the motion did MERS–Sovereign’s nominee–elect to file for joinder. Despite its late decision to enter an appearance in the case, the trial court allowed MERS the opportunity to present arguments and evidence.
In a recent decision rendered by the Maryland Court of Special Appeals (Anderson v. Burson, et al., No. 00434, Sept. Term, 2009, full case here), the Court upheld the rights of the foreclosing bank to foreclose on a property in Howard County, Maryland, finding that the Bank was a proper successor to the holder of the mortgage note and had the same rights as the original holder to enforce.
MERS Mortgage Electronic Registration Systems Defeated! Appeals court upholds state law that states it’s illegal to record a fraudulent document in the recorder’s office. Claim Revived Against Some Users of MERS By TIM HULL (CN) – Home-loan borrowers in five states who say mortgage electronic registration systems burned them can move forward with a claims [.]
The Nevada Supreme Court ruled Thursday, Jan. 26, 2017, that a nonjudicial foreclosure process used by investors and speculators to acquire HOA properties during the great recession does not.
At any rate, based upon this, Plaintiff asserted the eventual non-judicial foreclosure sale was invalid and must be set-aside. California Court of Appeal Holding. The Court completely disagreed with Plaintiff and essentially stated that the borrower appoints MERS as beneficiary in a nominee capacity in the Deed of Trust.