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MERS v Robinson: MERS Loses Quiet Title Case in California

halfwaytoconcord.com | February 2, 2014

In MERS v Robinson, handed down Jan 28, 2014, the Central California District Court dismissed MERS (Mortgage Electronic Registration System) claims that it holds claim to the defendant’s property title instead of the Lender. The court holds MERS is a “separate corporation that is acting solely as nominee for Lender and Lender’s Successors and assigns. Benefit of collection belongs to lender, as true beneficiary. The court held that MERS must act as agent for lender, not for its own interests.

MERS v Robinson is a huge win for homeowners with underwater mortgages in California and paves the way for Quiet Title actions by individual homeowners to forestall illegal property foreclosure by agents of MERS.

We reported recently on MERS in our QUIET TITLE post. MERS is the scourge of homeowners and has been challenged in the courts recently (See Glaski).

Dave-Krieger-Clouded-TitleAccording to Dave Krieger, a title consultant to counties in the US, a leading authority on challenging foreclosure and chain of title issues, and author of Clouded Titles said about MERS v Robinson:

Folks! This is the case we’ve been waiting for! Cervantes, Ashcroft, Iqbal, Bellestri, Landmark … all the great cases came back to bite MERS in the ass! MERS tried to upend a quiet title action wherein Robinson’s attorney managed to expunge the original deed of trust, which tied MERS to the equation.

Significantly, the court (who also personally wrote the Cervantes opinion) nailed the first of MERS’s 4 claims sine non qua (one condition predicates the other conditions in order for the others to be effective); thus, the other 3 conditions got shot down. MERS IS NOT AN ECONOMIC BENEFICIARY in California! MERS ALSO DOES NOT HAVE CLAIM TO TITLE! (even though it says in the DOT that MERS has only legal title, the court found it confusing because MERS is using its “false beneficiary status” to claim it also has rights to title, which the court disagreed with.

MERS has until March 3, 2014 to file an amended complaint on the 3 conditions that failed due to their beneficial status failing. Hmmm … we may not see one filed based on this ruling. If they don’t, the whole bloody thing gets dismissed WITH PREJUDICE!

How can MERS have claim to anything as a nominee? The court apparently felt that since the real party in interest didn’t answer the complaint, it’s agent didn’t need to be noticed! This is an important point to recognize! The agent did need to be noticed! This changes the landscape for quiet title actions folks!

Read MERS v Robinson Court Order.

 

Back to February 2014 Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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