Supreme Court gives banks foreclosure win - Edelstein vs BANK OF NEW YORK MELLON

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Supreme Court gives banks foreclosure win

Supreme Court gives banks foreclosure win

I firmly believe the next time anyone sits down to sign mortgage docs and sees MERS in there, they might possibly refuse to sign.


Review Journal-

The Nevada Supreme Court has sided with banks by validating a key cog in the foreclosure enforcement machinery that has sparked legal disputes all over the country.

In a 26-page ruling delivered Thursday, all seven justices agreed that hundreds of thousands of home mortgages in the state involving the Mortgage Electronic Registration System Inc. could be put into foreclosure after technical adjustments.

As foreclosures mounted in the past five years, consumer groups and attorneys have targeted MERS as hiding the identity of the actual lender, making it difficult to work out new mortgage terms, while not properly holding an interest in a loan.

[REVIEW JOURNAL]

[ipaper docId=108600831 access_key=key-11cvgjst8wgf7aoyxjjv height=600 width=600 /]

 

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7 Responses to “Supreme Court gives banks foreclosure win”

  1. nydeemarie says:

    So where is the decision? Is this the difference???

    In a Title State, the lending institution holds title to the property in the name of the borrower through a Deed of Trust. In a Lien State, the deed stays with the borrower (mortgagor), and the lender (mortgagee) places a lien on the property using the mortgage instrument. Generally, foreclosure in Title States occurs through a non-judicial proceeding, while Lien States are conducted via judicial methods; it varies with each state.

    Does Bankruptcy Court have others safeguards??

  2. JIMI says:

    SHAMFULL ACT BY A COURT THAT BOTRAY THE PEOPLE AND RUBBER STAMP MERS AND BANKS FRAUD WHO ARE THESE JUDGES WHAT IS THEIR NAMES WE HAVE TO VOTE THEM OUT OF OFFICE

  3. Does this mean if all homneowners prove the chain of title is broken or not and the PSA is faulty or not. Broken Chain of title from the originator to forecloser. Broken chain of title makes the note an unsecured debt. Therefore the forecloser cannot seize the house for the unsecured debt and in BK the unsecured debt is dischargable? If PSA faulty then the note can not be a debt against the mortgage?

  4. MERS or no MERS does the Nevada homeowner have the options I just mentioned to protect them selves?

  5. jonny says:

    So now one state says yes one state says no and a whole bunch in the middle. When will someone get it right or wrong This whole MERS thing seems to be one of the largest scams on courts and americans when will we get it right???

  6. Joe says:

    BUNCH OF DUMB ASS JUDGES. THEY DON’T KNOW ANYTHING ABOUT THE MASSIVE MERS SCAM. THEY DON’T KNOW ANYTHING ABOUT HOW THESE BANKS ARE MAKING MILLIONS OF DOLLARS FROM THESE LOANS. ITS TRUE THE JUDGE I HAD WAS A PHARMACIST BEFORE SHE BECAME A JUDGE HER HUSBAND PUSHED HER IN JUST BECAUSE HE WAS A HORRIBLE CONGRESSMAN FOR ONE TERM. WHAT A COUNTRY WE LIVE IN THE PEOPLE THAT SUPPOSED TO BE PROTECTING US ARE HURTING US. WHAT A COUNTRY. WHAT IS HAPPENING TO THE UNITED STATES of AMERICA. I COULD SEE IT ONE DAY THEIR GOING TO BE BANKS EVERYWHERE EVEN THE UNITED STATES GOVERNMENT WILL BE WORKING FOR THESE BANKS. THOSE BANK HONCHOS ARE SITTING BACK AND LAUGHING AT US AND THESE UNDER EDUCATED JUDGES .DON’T EVEN FLY YOUR FLAG THIS ISN’T AMERICA ANYMORE

  7. Joe says:

    That’s right Jonny

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