MERS, the mortgage industry’s self-serving creation launched without due regard for all 50 states’ laws, faces a big test in Washington state. The Washington Supreme Court will decide whether MERS’s business model of being named beneficiary on deeds of trust (mortgages) is legal. If the Court decides MERS doesn’t work under Washington law, the Court may also address the consequences of MERS’s illegality on foreclosures, and consider whether homeowners have the right to sue MERS.
The Ohio Supreme Court has dismissed a complaint against three Franklin County judges who are requiring lawyers to verify the authenticity of the documents they file in home foreclosures.
Six lawyers challenged the action in December, asking the Supreme Court to prohibit the judges from ordering them to sign “certifications” on behalf of their clients.
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