Tag: MERS

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust
By November 18, 2013 0 Comments Read More →

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust

The Seventh Circuit has joined the MERS Wars, affirming dismissal of a suit for unpaid recording fees brought by one Illinois county. While the flood of new MERS litigation is finally dying down, many cases are still winding their way through the appellate courts. Among them are cases involving suits brought by county recorders claiming […]

Posted in: Cases
Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred
By July 7, 2013 0 Comments Read More →

Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred

Bad facts make bad law. And that about sums up the sorry case of Mikityuk v. Northwest Trustee Services, Inc., in which an Oregon District Court judge recently held that all post-sale challenges of nonjudicial foreclosures are barred. As always we will start with the facts, but be warned that before we reach a resolution, […]

Posted in: Cases
Getting To Know Niday: A Further Look at the Oregon Supreme Court’s Landmark Decisions on MERS
By July 4, 2013 2 Comments Read More →

Getting To Know Niday: A Further Look at the Oregon Supreme Court’s Landmark Decisions on MERS

THIS IS PART TWO OF A TWO-PART SERIES ON THE RECENT OREGON SUPREME COURT DECISIONS IN BRANDRUP V. RECONTRUST AND NIDAY V. GMAC. BOTH CASES INVOLVE LEGAL ISSUES ARISING OUT OF THE NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS. READ PART ONE: BREAKING DOWN BRANDRUP. Hurricane Niday touched ground nearly one year ago when the Oregon […]

Posted in: Features
By June 26, 2013 0 Comments Read More →

Q-Law Blog’s Take on Brandrup, Niday

One of Phil Querin’s former clients once described him to me as Oregon’s “King of Real Estate Law”. That was before I started working with Phil at Davis Wright Tremaine years ago. Phil is a friend, a colleague, and a damned good lawyer. He is also the person who convinced me that the budding foreclosure […]

Posted in: News and Events
Breaking Down Brandrup: A First Look At The Oregon Supreme Court’s Landmark Decision on MERS
By June 16, 2013 11 Comments Read More →

Breaking Down Brandrup: A First Look At The Oregon Supreme Court’s Landmark Decision on MERS

The Oregon Supreme Court recently published anxiously-awaited opinions in two MERS cases: Brandrup v. ReconTrust Company, N.A. and Niday v. GMAC Mortgage, LLC. Since that day attorneys have been poring over every jot and tittle looking for confirmation, meaning, instruction, loopholes, and more. In short, attorneys have been busy trying to figure out how to […]

Posted in: Features
By June 5, 2013 0 Comments Read More →

Oregon Supreme Court’s Decision in Niday To Be Announced Thursday June 6

Niday-watchers, be on alert! Tomorrow the Oregon Supreme Court will issue its hotly anticipated opinions in Niday v. GMAC and Brandrup v. ReconTrust. The court has been asked to decide whether MERS can be the trustee of a trust deed under Oregon law and whether assignments between MERS members must be recorded prior to commencing […]

Posted in: News and Events
By May 22, 2013 0 Comments Read More →

Recommended Reads On Standing: Who Can Foreclose A Mortgage or Trust Deed?

Homeowners and attorneys alike are struggling to figure out who has the legal right to judicially foreclose a trust deed in Oregon. The word most people use is “standing,” a legal doctrine created by courts to limit who can bring an action to those who have a real stake in the matter. Oregon appellate courts […]

Posted in: News and Events
By May 9, 2013 0 Comments Read More →

Residential Evil: Jon Stewart Explains MERS and Failed Government Efforts to Regulate Banks Gone Bad

Judging by the number of people who have sent me a link in the past two days, if you have not seen this video yet, you are one of the few. On Tuesday, Jon Stewart took on MERS, the Independent Foreclosure Review, and the abysmal performance of the Office of the Comptroller of the Currency. […]

Posted in: News and Events
By April 11, 2013 2 Comments Read More →

MERS Bank Bailout Bill SB 804 Amended, Will Move To Rules Pending Niday Decision

This afternoon the Senate Committee on General Government, Consumer and Small Business Protection moved the Dash 1 amendments to SB 804, the so-called Bank Bailout Bill. Pursuant to an agreement between the Democratic Chair, Senator Chip Shields, and the Republican Vice-Chair, Senator Larry George, the amendments strip out certain provisions of SB 804, including the […]

Posted in: News and Events
By April 9, 2013 0 Comments Read More →

Public Hearing Set on MERS Bank Bailout Bill SB 804–April 10

The Senate Committee on General Government, Consumer and Small Business Protection has scheduled a public hearing and possible work session on SB 804, the Bankers’ Bailout Bill. The Bailout Bill contains a parade of horribles that go far beyond a so-called MERS fix, rolling back a host of consumer protections, retroactively blessing thousands of illegal […]

Posted in: News and Events