STATE OF MICHIGAN COURT OF APPEALS | Foreclosure Judgments REVERSED – MERS May NOT Foreclose by Advertisement

STATE OF MICHIGAN
COURT OF APPEALS

RESIDENTIAL FUNDING CO, LLC, f/k/a
RESIDENTIAL FUNDING CORPORATION,

Plaintiff-Appellee,

v

GERALD SAURMAN,

Defendant-Appellant.

BANK OF NEW YORK TRUST COMPANY,

Plaintiff-Appellee,

v

COREY MESSNER,

Defendant-Appellant.

Before:  WILDER, P.J., and SERVITTO and SHAPIRO, JJ.

SHAPIRO, J.

These consolidated cases each involve a foreclosure instituted by Mortgage Electronic Registration System (MERS), the mortgagee in  both cases.  The sole question presented is whether MERS is an entity that qualifies under MCL 600.3204(1)(d)  to foreclose by advertisement on the subject properties, or if it must instead seek to foreclose by judicial process.  We hold that MERS does not meet the requirements of MCL 600.3204(1)(d) and, therefore, may not foreclose by advertisement.

CONCLUSION
Defendants were entitled to judgment as  a matter of law because, pursuant to MCL 600.3204(1)(d), MERS did not own the indebtedness, own an interest in the indebtedness secured by the mortgage, or service the mortgage.  MERS’ inability to comply with the statutory requirements rendered the foreclosure proceedings in both cases void ab initio.  Thus, the circuit courts improperly affirmed the district courts’ decisions to proceed with eviction based upon the foreclosures of defendants’ properties.

In both Docket No. 290248 and 291443, we reverse the circuit court’s affirmance of the district court’s orders, vacate the foreclosure  proceedings, and remand for further proceedings consistent with this opinion.  We do not retain jurisdiction. Defendants, as the prevailing parties, may tax costs.  MCR 7.219(A).

Full opinion below…

Docket here…

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4closureFraud.org

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Michigan Court of Appeals – MERS May NOT Foreclose by Advertisement

Comments
7 Responses to “STATE OF MICHIGAN COURT OF APPEALS | Foreclosure Judgments REVERSED – MERS May NOT Foreclose by Advertisement”
  1. Bank of New FRAUD (York) is involved in almost all of these as (Bogus) Trustee. The Trustee purportedly holds on behalf of investors a MBS, (of toxic mortgages.) The problem is – MERS – and lenders- never provided the Bank of New Fraud (York) with anything.
    Like musical chairs…when the music stops….someone is without a seat and will be holding an empty bag (No mortgages/notes ever transferred to trust)
    The track is getting weaker and weaker for the “Foreclosure Train”. Keep up the great work and the derailing cannot be far off!!! Then…. everyone can stop and witness this massive TBTF “TRAINWRECK”

  2. When somebody finally is going to pick up on the MERS issue in CA ? I CA people have not wake up to this massive fraud yet

  3. leapfrog says:

    Haha! Up YOURS, MERS!!!

  4. l vent says:

    Give the STOLEN HOMES BACK TO to the American people!!! STOP THE FRAUDCLOSURES. RESCIND THE FAKE MORTGAGE CONTRACTS!!!! THE LOANS NEVER EXISTED. WE OWN OUR HOMES FREE AND CLEAR BECA– USE OF THE PONZI SCHEME. WE WERE SET UP, DEFRAUDED AND ROBBED BY CONGRESS, FANNIE/FREDDIE/WALL STREET and the FEDERAL RESERVE BANK. THEY ARE ALL BEING CONTROLLED BY FOREIGN OWNED AND CONTROLLED DIABOLICAL, MANIACAL MULTINATIONAL FOREIGN ENTERPRISES. THEY WORE AN AMERICAN FACE TO COMMIT THE BIGGEST FINANCIAL REIGN OF TERROR IN THE HISTORY OF AMERICA!!!!

  5. Lit Gant says:

    Well, what do we have here? Another bruise to the head of the serpent MERS. All we need now is someone to cut off its head.

  6. housemanrob says:

    lITTLE POCKETS OF JUSTICE GROWING LIKE WILDFLOWERS ON THE TUNDRA IN THE SPRING.

    • l vent says:

      Thank God, the truth is finally being realized. We The People were all swindled and robbed and it was massive..

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