U.S. court upholds dismissal of MERSCORP foreclosure suit

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Bank of New York Mellon (Fla. App. 4th District, Feb. 2, 2011), Florida’s Fourth District Court of Appeal, sitting en banc, upheld the bank’s voluntary dismissal of a foreclosure action filed after the defendant had moved for sanctions against the bank for filing an allegedly fraudulent assignment of mortgage. Affirming the trial court’s refusal to strike the voluntary dismissal, the appellate court held that.

Homeowners challenged the validity of the foreclosure of their home mortgages. The district court dismissed the suit under Rule 12(b)(6). The court affirmed the district court’s dismissal of the law firm as fraudulently joined and concluded that the court had subject matter jurisdiction over the appeal because the doctrine of prior exclusive jurisdiction was inapplicable.

Calif. appeals court upholds dismissal of MERS wrongful foreclosure suit. "In a similar case last month, the Court of Appeal of the State of California Second Appellate District affirmed the dismissal of a borrower’s foreclosure challenge," said MERSCORP Holdings Vice President for Corporate Communications, Janis Smith.

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U.S. court upholds dismissal of MERSCORP foreclosure suit Hartman v. The PIP-Group, LLC – Within six months of the dismissal of the prior lawsuit. Our Supreme Court has noted that although "it has never been held that all injunctions against publication are impermissible," such an.

Iqbal, 556 U.S. 662, 678 (2009), but instead offer only legally insufficient conjecture and "labels and conclusions," Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The plaintiffs also appeal the dismissal of their quiet title claim. Our rejection of an identical theory in Murphy requires us to affirm the district court’s dismissal on

Kentucky Attorney General Jack Conway filed a civil suit against MERSCORP in Franklin Circuit Court in January. The complaint is based on essentially the same allegations as those in the federal.

"Courts in California have ruled consistently that MERS’ legal standing as beneficiary gives MERS the authority under state law to take action on behalf of the owner of the note," said Janis Smith, MERSCORP’s VP of corporate communications in a statement announcing the Supreme Court’s denial of the case.

Mortgage MERS Hit with $400,000,000 Lawsuit! MERS is required to take foreclosures to court, their lawyers said, citing an April 21 decision by Michigan’s Court of Appeals. The decision, which voided two property seizures, said state law requires a foreclosing party to own the legal title to the debt. Janis Smith, a Merscorp spokeswoman,