Thinking Matters A business plan is much more than a document. It is a reflection of all the thinking that goes into how a business will achieve financial success and long term objectives. Accordingly developing a business plan means investing time and energy in thinking through the fundamental issues of:
From the transcript of evidentiary hearing — MERS v. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be.
Collymore, Nor is it reasonable to suppose that S purchased the lien independently of the debt, leaving C free to collect both the price from S and the debt from D. Without an assignment of the debt, the purchase of a lien that secures it is a nullity. A Tale of Two Courts This is the necessary legal conclusion and is recognized as the rule by a long course of judicial decisions… for the legal maxim is, the incident shall pass by the grant of the principal, but not the principal by the grant of the incident.
Rather than resolve them, they sloughed them off to the legislature. This decision started the movement of challenging the standing of the foreclosing party.
The importance of the findings of the Supreme Court of Kansas cannot be overemphasized. It is generally the law in all states that if the law of one state has not specifically addressed a specific legal issue that the court may look to the law of states which have.
As we have previously reported, the Ohio Courts have looked to the legal decisions of New York to resolve issues in foreclosure defense, most notably issues of standing to institute a foreclosure.
It is practically certain that this decision will be the subject of review by various courts. However, for now, the decision stands, which decision is of monumental importance for borrowers. All cases in FL must now go through this process.
Two pro se plaintiffs sue for relief re: Very technical decision but two things are apparent. Please seek legal counsel. Schneider et al v Deutsche Bank et al FL: Class action suit the filing seeking to recover actual and statutory damages for violations of the foreclosure process. Provides an excellent description of the securitization process and the problems with assignments.
Any person named as a defendant in a suit by Deutsche Bank should contact the firms involved for inclusion in this suit. Everyone operates in good faith, then out of nowhere, someone shows up waving a piece of paper.
The MERS system, while not explicitly named, is clearly the culprit of the chaos. In re Vargas, B. Judge Bufford made a finding that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records.
The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Ruleas applied to computerized records in the Ninth Circuit. The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.
Joshua and Stephanie Mitchell, Case No. Supreme Judicial Court of Maine. Ordered dated August 12, Because, however, the Bank was not entitled to summary judgment as a matter of law, we vacate the judgment and remand for further proceedings.
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MERS - Mortgage Electronic Registration Inc. - holds secratary approximately 60 million American mortgages and is a Delaware corporation whose sole shareholder. Federal Government considers giving new powers to ATO to disclose small business tax debts.
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