Tag: standing

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
Georgia Supreme Court Follows Its Legislative Body And Rejects “The Sensible Approach” To Foreclosure
By May 24, 2013 1 Comments Read More →

Georgia Supreme Court Follows Its Legislative Body And Rejects “The Sensible Approach” To Foreclosure

The Georgia Supreme Court recently answered questions certified to it by a District Court, and the answer is a curious one. The court held that a lender in Georgia may foreclose nonjudicially even if it is not a holder of the note and even though the same lender could not foreclose in court without holding […]

Posted in: Cases
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