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More Courts Upholding Use of MERS

March 17, 2011 A recent legal update shows that in recent weeks more courts are issuing decisions upholding the use of Mortgage Electronic Registration Services, Inc. (“MERS”) as a nominee to transfer promissory notes and security instruments between lenders. One recent case cited in the update is In re: Martinez, No. 10-7027, 2011 WL 489905 (Bankr. D. Kan. Feb. 11, 2011) in which Judge Janice Miller Karlin granted motions for summary judgment filed by MERS and the loan originator, Countrywide Home Loans, Inc., holding that MERS was properly acting as Countrywide’s agent. Similarly, in the case of In re: Lopez, No. 09-10346, 2011 WL 576820 (Bankr. D. Mass. Feb. 9, 2011) Judge William C. Hillman upheld MERS’ assignment of a mortgage as “nominee,” holding that...
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Wasinger Law Group, P.C. Successful in Defense of Green Tree Servicing, LLC

March 17, 2011 Benjamin Hegvik of The Wasinger Law Group, P.C. successfully defended Green Tree Servicing, LLC in a lender liability claim brought by borrowers alleging various federal violations including the Truth in Lending Act (“TILA”), the Real Estate Settlement Procedures Act (“RESPA”) and several other claims. On March 16, 2011 Judge Richard E. Dorr of the United States District Court for the Western District of Missouri filed an Order dismissing Plaintiffs’ Petition.
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Illinois Legislature Considers Proposals Regarding Foreclosure Law

January 7, 2011 The Illinois legislature is currently considering two bills which would affect parts of the Illinois Code of Civil Procedure. Senate Bill 3067 would require that a foreclosure complaint contain documents which show that the plaintiff has the right to collect on the mortgage indebtedness and standing to bring the foreclosure action. The bill further requires judges to enter a finding of fact regarding the plaintiffs’ standing to bring the action. House Bill 6951 would require plaintiffs to file a “loss mitigation affidavit” with its pleadings in which the plaintiff will be required to state the steps that it took to determine whether the loan could be modified. The bill would also require plaintiffs to comply with any other loss mitigation program mandated...
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Judge Rules in Favor of Bank

July 22, 2010 Judge Richard C. Bresnahan of St. Louis County entered a verdict in favor of Regions Bank, formerly known as Union Planters Bank, in a fraud suit against Healthstyle Products International, Inc. As reported by Cathy Kingsley in Missouri Lawyers Weekly, Regions Bank was represented by Mr. Michael Daming and Mr. David Wasinger of the Wasinger Law Group, P.C. Judge Bresnahan ruled that Regions Bank was entitled to $198,317.95 which had been interpleaded by A.G. Edwards. Further, Judge Bresnahan entered judgment in favor of Regions Bank in the amount of $1,595,895.10 along with post-judgment interest. Case Number – 2106CC-04194 Past results afford no guarantee of future results; every case is different and must be judged on its own merits.
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