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February 17, 2011

More Problems for MERS

From: "Steve Smith" <sesmithesq@aol.com>
To: cdcbaa@yahoogroups.com
Sent: Tuesday, February 15, 2011 9:31:58 AM
Subject: [cdcbaa] Re: Big MERS decision

This is a follow-up piece on the decision, from the Wall Street Journal: http://blogs.wsj.com/developments/2011/02/14/us-bankruptcy-judge-questions-legal-claims-of-mers/
The actual holding of the case granted the MFR in favor of the movant, on the grounds that the prior judicial foreclosure ruling the party was trying to enforce was res judicata; the exciting part of the decision comes when the judge holds that not withstanding the ruling, in future cases where a party appears in court with a claim based on an assignment from MERS, they will be out of luck...this is the actual ruling: http://www.nyeb.uscourts.gov/opinions/reg/334499_41_opinion.pdf

February 17, 2011 in Other Circuit Briefs | Permalink

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