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MI Trial Court Finds “MERS Transferred Nothing, Purported Transfers, Endorsements or Assignments Are Void Ab Initio” | HENDRICKS v. U.S. BANK

MI Trial Court Finds “MERS Transferred Nothing, Purported Transfers, Endorsements or Assignments Are Void Ab Initio” | HENDRICKS v. U.S. BANK


H/T Michelle

STATE OF MICHIGAN
WASHTENAW COUNTY TRIAL COURT

JAMES HENDRICKS, et al

v.

US BANK NATIONAL ASSOCIATION
AS SUCCESSOR TRUSTEE TO BANK
OF AMERICA


EXCERPT:

The Court finds that the “Assignment”, recored on Decmeber 30, 2009 in the Washtenaw County Register of Deeds, serves to transfer nothing. The alleged conveyance failed to comply with the terms and conditions of the PSA and the New York Trust Law which governs the PSA. The alleged conveyance stated MERS assigned the mortgage and Promissory Note to USB, however, there has been no evidence presented to support the chain of the required assignments and endorsements of the mortgage and note as required by the terms and conditions of the PSA.

[…]

Therefore, the purported transfers, endorsements or assignments are void ab initio or never properly transferred into the trust. The only defendant with standing to proceed is First Franklin, the originator and original Lender of the Note and Mortgage.

[ipaper docId=57341599 access_key=key-12pk63ursiztqrul41ni height=600 width=600 /]

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