Sign up for DS News Daily About Author: Brian Honea Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Print This Post Authority to Assign Deed of Trust MERS MERSCORP Holdings 2015-09-28 Brian Honea Previous: Policymakers Should Consider SFR as Part of an Affordable Housing Strategy Next: Freddie Mac Obtains $132 Million Insurance Policy to Reduce Credit Risk Tagged with: Authority to Assign Deed of Trust MERS MERSCORP Holdings MERS Wins Federal Court Battles Over Deed of Trust in Georgia, New York, and Texas Related Articles Servicers Navigate the Post-Pandemic World 2 days ago Subscribe Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, News, Technology The Best Markets For Residential Property Investors 2 days ago The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Three federal courts have ruled in favor of Mortgage Electronic Registration Systems, Inc. (MERS), dismissing borrowers’ suits to quiet title and affirming MERS’ authority to assign the mortgage lien, according to an announcement from MERSCORP Holdings.The plaintiffs in the cases of Bradley v. Branch Banking Trust (BB&T) (Georgia), Garza v. Flagstar Bank, FSB (Texas), and McCarty v. Bank of New York (New York) all sued MERS and other financial companies, attempting to avoid foreclosure based on claims that MERS could not hold or assign a security instrument.The plaintiffs in the Bradley and Garza cases further claimed that the mortgage or deed was unenforceable because the note and security instrument were split due to the use of MERS in the loan transaction.In the Bradley case, Magistrate Judge Russell G. Vineyard from the U.S. District Court for the Northern District of Georgia dismissed the quiet title claim because the borrower could not claim that he held the full title to the property due to the fact that “it is undisputed that [the borrower] executed a security deed that conveyed the property to MERS.”In McCarty, U.S. District Judge Analisa Torres from the Southern District of New York ruled that the “Plaintiff voluntarily executed the Deed of Trust to obtain the loan. And even construing the amended complaint liberally, Plaintiff has not alleged a proper basis for a discharge of that loan.” In a decision similar to the Bradley case, Torres dismissed the quiet title claims against MERS and upheld the validity of the deed of trust assignment executed by MERS, according to the announcement.Judge David Hittner from the U.S. District for the Southern District of Texas Court ruled in the Garza case that the borrowers “fail to make any allegations to support their assertion that Defendants’ claim to the property is invalid or unenforceable[.]” Like in Bradley and McCarty, the judge dismissed the quiet title claims and upheld the validity of the assignment of the deed of trust to MERS. In all three cases, the quiet title claims were dismissed with prejudice.“These federal courts affirmed that MERS can rightfully hold a security instrument on behalf of the lender and its assigns,” MERSCORP Holdings Vice President for Corporate Communications Janis Smith said. “In addition, the federal court in New York found in McCarty that the borrower’s quiet title and fraud claims were contradicted by the plain language in the mortgage and assignment.”The three court rulings are the latest in a series of victories for MERS in the last two months. In Kentucky earlier in September, the U.S. Sixth Circuit Court of Appeals denied an en banc rehearing of a case that held that recording statutes in the state do not required a recording in the land records when promissory notes are transferred. MERS has also had court victories in North Texas, Tennessee, and Pennsylvania in the last two months. Share Save Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago September 28, 2015 1,191 Views Home / Daily Dose / MERS Wins Federal Court Battles Over Deed of Trust in Georgia, New York, and Texas Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. The Week Ahead: Nearing the Forbearance Exit 2 days ago
View Comments Adam Pascal Related Shows Star Files It may be hard to be the Bard, but dang does Something Rotten! star Adam Pascal make it look easy. The Broadway fave and Rent Tony nominee will complete the eggcellent tuner’s Broadway run, which is set to end on January 1, 2017. But fear not: as previously announced, he will join current co-stars Rob McClure and Josh Grisetti on Rotten!’s national tour, which kicks off on January 17 in Boston. While you get hyped up to catch him on the Great White Way or in a city near you, check out BroadwayBox.com’s Broadway Unplugged video of Pascal strumming out “Hard to Be the Bard.” Delightfully different from our own “Hard to Be the Bard” music vid with Borle, Pascal proves that all he needs is an acoustic guitar and those signature golden pipes of his to rock hard. Check out the full performance below, and be sure to catch Pascal in his sexy stint at the St. James! Adam Pascal Show Closed This production ended its run on Jan. 1, 2017 Something Rotten!
*UEFAinsists no repeat of ‘Final Eight’Ahead of this evening’s Champions League quarter final clash at the Estadio da Luz in Lisbon between Barcelona and Bayern Munich, midfielder of the Spanish giants, Arturo Vidal, believes the Catalans remain the best team in the world on their day and will overcome Bayern Munich in the blockbuster clash.Bayern are heavy favourites to beat Barca after sweeping to a domestic double of the Bundesliga and Cup as well as swatting Chelsea aside 7-1 on aggregate in the last 16, while the Catalans ended the season empty handed. The build-up to the match in Lisbon has seen a number of high profile figures back Bayern, including Germany great Lothar Matthaus, who said the Bavarians would have “to do a lot of things badly to lose to this Barca”.But Chilean midfielder Vidal, who played for Bayern between 2015 and 2018, said his side were still as strong as ever on their day, not least because they have six-times world player of the year Lionel Messi leading the way.“Bayern will be confident but they must know that on Friday they’re not playing any old team in the Bundesliga, they’re playing against Barca,” Vidal told a virtual news conference yesterday.“I understand the pessimism but we are the best team in the world. The problem is that we don’t always show it on the pitch and we recently lost the league. But we have Leo, we have the best players and we want to prove ourselves,” boasts the Chilean.Messi was at his irresistible best in his side’s 3-1 win over Napoli in the last-16 second leg but the Argentine’s goal statistics (3) in this year’s competition make for poor reading next to Bayern’s Robert Lewandowski, who has netted 13 times.Vidal tipped his hat to his former team mate but dismissed the claim, made by Matthaus, that the Polish forward was better than Messi.“Lewandowski is extraordinary, very dangerous, an insatiable goalscorer,” he said.“It’s going to be very difficult to stop him but it’s impossible to compare him with Messi, who is from another planet.“But you could say that Lewandowski is the best striker in the world alongside Luis Suarez,” concludes Vidal.Meanwhile, the ‘Final Eight’ format for the Champions League will not be repeated in future, UEFA President Aleksander Ceferin announced yesterday saying it is “impossible” to find space in an already packed calendar.“This tournament might be interesting in the future, but I don’t think we can do it, because the calendar is so dense,” Ceferin said in Lisbon, where this season’s Champions League is being played to a conclusion.“I don’t know where I can put a tournament for a week or two in May. I think it’s impossible,” he said.Before the coronavirus pandemic, UEFA was busy contemplating changes to the format of the Champions League from 2024 onwards.This year, all ties from the quarterfinals onwards are being played as one-off matches behind closed doors in the Portuguese capital as UEFA rushes to finish the competition after an enforced hiatus of five months because of the pandemic.This season’s final was supposed to be played in Istanbul at the end of May. Now it will go ahead in an empty Estadio da Luz on August 23, with the Turkish city having been awarded the hosting of next year’s final instead.But that is subject to the pandemic being under control by then.“I am optimistic by nature, and I think that things will get better into next year and we will have normal football back, good old football with spectators, so we don’t have a Plan B,” Ceferin said.“You have to know that until March we didn’t have any plan, and then we had a Plan B, Plan C, Plan D, so we will adapt but I am sure the world cannot stop forever because of this virus,” added Ceferin, the Slovenian who became president of European football’s governing body in 2016.“I expect a vaccine, as soon as possible I hope, so no, we don’t have a plan to do the same competition next year.”Ceferin was speaking the day after Paris Saint-Germain beat Atalanta 2-1 in a dramatic first quarterfinal of the competition.The ‘Final Eight’ is taking place in strict conditions, including regular testing and the number of people entering stadiums kept to a minimum.Yesterday, Atletico Madrid played RB Leipzig in the second quarterfinal, with the Spaniards arriving in Portugal after a scare at the weekend when it was revealed two of their players had tested positive for COVID-19.Ceferin said he was always confident the Champions League would be completed, along with the Europa League, which is being played to a finish in similar conditions in Germany.“I was sure that we would do this. I had moments of nervousness but I never gave up on the project,” he said.“At the moment, now all the teams are in Portugal and in a bubble’, I am much calmer. Because when they are at home, and they meet family and friends, it is always a risk,” concludes the UEFA Chief.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram