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Certification battle in Ohio MERS class action heats up

Certification battle in Ohio MERS class action heats up


Lexology-

On April 23, 2012, the plaintiff in State of Ohio ex rel. David P. Joyce, Prosecuting Attorney of Geauga County Ohio v. MERSCORP, Inc., et al., N.D. Ohio Case No. 1:11-cv-02474, filed its motion seeking an order certifying the action as a class action, appointing Geauga County as class representative, and appointing plaintiff’s counsel, the New York law firm of Bernstein Liebhard LLP, as class counsel. The plaintiff argues that the case, which the plaintiff is attempting to bring on behalf of all 88 Ohio counties for relief relating to the allegedly unlawful failure of MERS and its member institutions to record millions of mortgages and mortgage assignments throughout Ohio, meets all requirements of Rule 23(a) and that certification is proper under any one of the 3 subsections of Rule 23(b). The plaintiff hopes to persuade the court that the MERS/member institution policy concerning recordation of mortgages and assignments is a “common scheme or course of conduct” that has given rise to claims “ideally suited for class certification.”

[LEXOLOGY]

[ipaper docId=94254592 access_key=key-2nn3qssi6kdpdxy704up height=600 width=600 /]

 

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STEWART TITLE BULLETIN: RE: Recent Oklahoma Supreme Court Decisions Regarding Foreclosures

STEWART TITLE BULLETIN: RE: Recent Oklahoma Supreme Court Decisions Regarding Foreclosures


Dear Associates:

The Oklahoma Supreme Court has recently issued several opinions:

Deutsche Bank National Trust v. Brumbaugh, 2012 OK 3 {Approved for Publication}

Deutsche Bank National Trust v. Byrams, 2012 OK 4

HSBC Bank USA v. Lyon, 2012 OK 10

Deutsche Bank National Trust Company v. Matthews, 2012 OK 14

Deutsche Bank National Trust Company v. Richardson, 2012 OK 15

CPT Asset Backed Certificates; Series 2004-EC1 v. Kham, 2012 OK 22

Bank of America, N.A. v. Kabba, 2012 OK 23

JPMorgan Chase Bank, N.A. v. Eldridge, 2012 OK 24

(It is important to note that only one of the opinions, Deutsche Bank National Trust v. Brumbaugh, 2012 OK 3, has been approved for publication so far.)

These opinions hold that to commence a foreclosure action, the plaintiff must show that it has the right to enforce the promissory note, and in the absence of such showing, the plaintiff lacks standing to bring the lawsuit.  The fact patterns in each of the cases vary slightly (seven are based on appeals from orders granting summary judgment entered by the trial court, and one is based upon a default judgment), but the basic fact pattern is as follows:  Plaintiff files a foreclosure action either without attaching a copy of the promissory note or attaching the note without proper indorsement(s) by the original lender.  Defendant raises the issue that Plaintiff does not have standing to sue, either in response to a Motion for Summary Judgment or by pleadings filed after the Journal Entry of Judgment.  Motions are denied after Plaintiff provides documentation showing indorsement or allonge.  Defendant appeals.

[STEWART VIRTUAL UNDERWRITER]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Stewart Executive, Mike Skalka to join Mortgage Electronic Registration Systems (MERS®) as their General Counsel.

Stewart Executive, Mike Skalka to join Mortgage Electronic Registration Systems (MERS®) as their General Counsel.


After all, Sharon Horstkamp has served as Vice President, Secretary and General Counsel.


Market Watch-

Putting that same proven leadership to work, Skalka will relocate to Virginia to join Mortgage Electronic Registration Systems (MERS®) as their General Counsel. MERS operates an electronic registry of mortgage loan servicing rights and ownership, and is presently addressing the challenging issues associated with foreclosures and mortgage record holding, areas in which Skalka’s background and knowledge is uniquely suited.

Skalka joined Stewart in 1988 as the founding president of our New York subsidiary, Stewart Title Insurance Company (STIC). Shortly thereafter, in the early 1990s, he helped establish our operations in the United Kingdom, and then relocated from New York to Houston in 1993 to serve as executive vice president and general counsel until 2005.

[MARKET WATCH]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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COMPLAINT | State of Ohio, Geauga County v. MERSCORP, MERS et al., No. 11-M-001087

COMPLAINT | State of Ohio, Geauga County v. MERSCORP, MERS et al., No. 11-M-001087


IN THE COURT OF COMMON PLEAS
GEAUGA COUNTY, OHIO

STATE OF OHIO, ex.rel.
DAVID P. JOYCE
PROSECUTING ATTORNEY OF GEAUGA
COUNTY, OHIO
Courthouse Annex, 231 Main St. Suite 3A
Chardon, Ohio 44024

On behalf of Geauga County and all others similarly
situated,

Plaintiff,

v.

MERSCORP, INC.
1818 Library Street, Suite 300
Reston, Virginia 20190

and

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
1818 Library Street, Suite 300
Reston, Virginia 20190

[…]

[ipaper docId=69166120 access_key=key-9gi3i39l3vj116tff1y height=600 width=600 /]

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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So Who’s Reviewing “Guarding” The Foreclosed Henhouse For Fraud?

So Who’s Reviewing “Guarding” The Foreclosed Henhouse For Fraud?


Pull the wool over the eyes.

In the last few days, more evidence has surfaced that will need to be addressed before it quickly becomes a bailout .

As it turns out, Robo-Signing is NOT showing signs of slowing down, regardless of any settlement. Lets step back and examine a few things that will make your jaw slam to the floor, “drop” would be an understatement.

For instance, Prof. Adam Levitin just found a big problem with those soon to be hired foreclosure fraud reviewers.

In his article the robo-signing problem continues to move forward, except only this time the pay jumped from $10/hr to $19 – $23/hr.  But wait it gets better…There’s other evidence that servicers are not stopping the practice anytime soon.

It doesn’t stop here…there’s more and you simply cannot make this stuff up:

In the wake of the robo-signing debacle, Stewart Lender Services is rolling out a foreclosure processing review to help servicers ensure foreclosures are compliant with state and federal laws.

[…]

“It’s really two things,” said Jason Nadeau, group president of Stewart Lender Services. “It is essentially having a third party come in to look over your shoulder.”

Stewart Lender Services is a subsidiary of Stewart Title Co., who is a shareholder of Mortgage Electronic Registration Systems, Inc. (MERS), the registry that’s the prime focus of the “robo-signing debacle”.

Still with me?

Does this seem like “It is essentially having a third party come in to look over your shoulder“? Guess a hen wouldn’t mind a wolf looking over his shoulder either [.]

Lastly, Lender Processing Services Inc.’s (LPS) current Senior Vice President Tim Anderson, was a former Vice President of Stewart Lender Services. LPS as you may already know, is also at the core of the robo-signing scandal.

Still with me?

Do you see a pattern? Until someone takes this epidemic seriously, the housing and the economy is not going to rebound at all.

Rememeber in order to pull MERS off… they needed support from

  • Banks/Servicers
  • Title Co.
  • Insurance Co. and
  • Government Sponsored Entities

… Pull the wool back over the eyes.

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Court delays foreclosure action to Milwaukee ex-marine for six months

Court delays foreclosure action to Milwaukee ex-marine for six months


Talk about stress! Read all about Keon Williams here, then catch up on the latest developments.

JSOnline-

A six-month reprieve has been issued to Keon Williams, the north side man whose home was sold at a sheriff’s sale in January even though he is current on the only mortgage he knew he had.

The agreement filed in court Monday between Williams and attorneys for Harris Bank prevents the bank from concluding its purchase and evicting Williams from the N. 44th St. home until Nov. 12.

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Locks changed on disputed home of ex-marine in Milwaukee

Locks changed on disputed home of ex-marine in Milwaukee


There is a new development to Paying on time, yet facing eviction: an ex-Marine caught in the mortgage meltdown…

From JSOnline

Keon Williams’ fight to keep his house has taken another strange twist: The Milwaukee man arrived home Monday night to find that the locks had been changed on one of his doors on orders from Harris Bank, even though a court order says he can stay in the house for now.

“They admitted they had sent somebody to change the locks,” Williams’ lawyer, Geoffrey Gnadt, said after an emergency court hearing Tuesday. “They did apologize profusely – but there are costs.”


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Paying on time, yet facing eviction: an ex-Marine caught in the mortgage meltdown

Paying on time, yet facing eviction: an ex-Marine caught in the mortgage meltdown


Same Scenarios…Over and Over and Over again!

JSOnline-

Keon Williams is on the verge of being thrown out of his house – a startling turn of events, considering that for nearly three years since refinancing in 2008, he faithfully paid his monthly mortgage and his property taxes.

“I did everything I was supposed to do, but I’m being evicted,” says Williams, 38, sitting in his neat but sparsely furnished dining room on N. 44th St. “I never would have imagined something like this could happen.”


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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CLASS ACTION AMENDED against MERSCORP to include Shareholders, DJSP

CLASS ACTION AMENDED against MERSCORP to include Shareholders, DJSP


Kenneth Eric Trent, P.A. of Broward County has amended the Class Action complaint Figueroa v. MERSCORP, Inc. et al filed on July 26, 2010 in the Southern District of Florida.

Included in the amended complaint is MERS shareholders HSBC, JPMorgan Chase & Co., Wells Fargo & Company, AIG, Fannie Mae, Freddie Mac, WAMU, Countrywide, GMAC, Guaranty Bank, Merrill Lynch, Mortgage Bankers Association (MBA), Norwest, Bank of America, Everhome, American Land Title, First American Title, Corinthian Mtg, MGIC Investor Svc, Nationwide Advantage, Stewart Title,  CRE Finance Council f/k/a Commercial Mortgage Securities Association, Suntrust Mortgage,  CCO Mortgage Corporation, PMI Mortgage Insurance Company, Wells Fargo and also DJS Processing which is owned by David J. Stern.

MERSCORP shareholders…HERE

[ipaper docId=36456183 access_key=key-26csq0mmgo6l8zsnw0is height=600 width=600 /]

Related article:

______________________

CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bank of america, chain in title, citimortgage, class action, concealment, CONTROL FRAUD, corruption, countrywide, djsp enterprises, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Freddie Mac, HSBC, investigation, jpmorgan chase, Law Offices Of David J. Stern P.A., lawsuit, mail fraud, mbs, Merrill Lynch, MERS, MERSCORP, mortgage, Mortgage Bankers Association, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, non disclosure, notary fraud, note, racketeering, Real Estate, RICO, rmbs, securitization, stock, title company, trade secrets, trustee, Trusts, truth in lending act, wamu, washington mutual, wells fargoComments (13)


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