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Arkansas Court Adopts Anti-MERS Decision of Kansas Supreme Court

September 23, 2009

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

No. 08-1299

SUPREME COURT OF ARKANSAS

2009 Ark. LEXIS 121

March 19, 2009, Opinion Delivered

NOTICE:
THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.

SUBSEQUENT HISTORY: Rehearing denied by Mortgage Elec. Registration Sys. [...]

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Mortgage Meltdown: Moody’s bearish on housing recovery

September 22, 2009

Analysts say it will take more than 10 years to recapture peak home prices
By John Spence, MarketWatch
BOSTON (MarketWatch) — Moody’s Investors Service threw cold water on optimistic projections of a V-shaped recovery in the battered U.S. housing market, predicting it could take more than 10 years to get back to boom-level prices.
“For many [...]

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SUPREME COURT OF KANSAS BLASTS MERS’ ALLEGED RIGHT TO ASSIGN MORTGAGES AND NOTES: DECISION HAILED AS MILESTONE VICTORY FOR BORROWERS DEFENDING FORECLOSURE PROCEEDINGS INVOLVING MERS ASSIGNMENTS

September 17, 2009

September 17, 2009

The Supreme Court of Kansas has issued a landmark decision which, although decided on a narrow legal issue involving a request by MERS and Sovereign Bank to set aside a default and intervene in a foreclosure action, essentially invalidates all MERS assignments based on the Court’s finding that MERS never had any [...]

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WHY “LOAN MODS” ARE NOT BEING ACCEPTED: BANKS MAKING MORE MONEY ON FORECLOSURES; “BALANCE SHEET ECONOMICS”

September 11, 2009

September 11, 2009

While in California on a foreclosure defense case about 3 weeks ago, I read a front-page article in one of the daily newspapers alerting readers that the reason why “lenders” and “servicers” are not inclined to grant loan modifications is that they and their affiliates are making more money on foreclosures. The [...]

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FORGED “ORIGINAL” NOTES ARE POPPING UP LIKE MUSHROOMS AFTER A RAINSTORM

September 11, 2009

September 10, 2009

We previously advised about a situation in a judicial foreclosure where the attorney for the foreclosing party offered what was represented by that attorney to be an “original promissory note” at a summary judgment hearing. When the Judge asked that it be shown to the borrower, the borrower pulled out her driver’s [...]

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BEWARE THE “END-RUN” (SNEAK) FORECLOSURE

September 11, 2009

September 10, 2009

FDN is experiencing a recent wave of inquiries requesting assistance with what we have decided to term the “end-run”, or “sneak”, foreclosure. This is a situation where a borrower who is being threatened with foreclosure is contacted, usually by the servicing entity, with a request as to whether the borrower would like [...]

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