TX Quiet Title Appeal VICTORY Against MERS | Mortgage Electronic Registration Systems v. Nancy Groves

Affirmed and Memorandum Opinion filed April 12, 2011.

In The

Fourteenth Court of Appeals

NO. 14-10-00090-CV

Mortgage Electronic Registration Systems, Inc., as nominee for GreenSPoint Funding, Appellant

V.

Nancy Groves, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2009-29112


MEMORANDUM  OPINION

Nancy Groves sued Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Greenspoint Funding, to invalidate a deed of trust securing MERS’s alleged lien on Groves’s property.  The trial court entered a default judgment against MERS, which then filed this restricted appeal.  We affirm.

BACKGROUND

Groves filed her original petition against MERS on May 8, 2009.  She alleged that she owns a certain tract of land subject to a lien secured by a deed of trust “accepted and recorded” by MERS.  She further alleged that the deed of trust is invalid and asked the trial court to remove it and quiet title in Groves.  MERS was served with process but failed to file an answer, and Groves filed a motion for default judgment.  The trial court signed a default judgment against MERS stating that (1) Groves owns the property in question; (2) the deed of trust is “void and of no force or effect;” and (3) the deed of trust be removed from the property title.

MERS filed a timely notice of restricted appeal, arguing that (1) “Groves failed to properly state a cause of action and such failure is plain on the face of Groves’s petition;” and (2) “no justiciable controversy is alleged in Groves’s petition.”

CONCLUSION

Having overruled both of MERS’s issues on appeal, we affirm the trial court’s judgment.

/s/        William J. Boyce Justice

Full opinion below…

Although this is a win, it appears to be by default? But hey, a win is a win…

The court also goes into great detail overruling MERS’ issues…

Did they have to do that?

Couldn’t they just have affirmed the default?

Are they trying to tell us something?

~

4closureFraud.org

~

Mortgage Electronic Registration Systems v. Nancy Groves

Comments
23 Responses to “TX Quiet Title Appeal VICTORY Against MERS | Mortgage Electronic Registration Systems v. Nancy Groves”
  1. kenn brooks says:

    Who was the attorney for Nancy Groves case in Harris County?

  2. Fern says:

    I know a company that is using this process with success as well. My docs should be ready in the next few weeks so I can be next in line to kick the banksters where it hurts. The best part is the banksters will never know what happen until it is said and done. They already have wins as well. cresidoencasa at the yahoo place.

  3. EM says:

    That’s one for our team!! YAY! Keep sharing this stuff everyone. The knowledge we learn from these cases winning more and more will help us BEAT these thieves one house at a time!!! Homeowners around the US email me at stopwrongfulforeclosures-at-yahoo-dot-com, I can help. If we ALL work together we will ALL WIN!!!

  4. rnk444 says:

    Way to go, Texas!! I’m looking for an intelligent attorney to file this exact suit for me in PENNSYLVANIA. My original mortgage was through Greenpoint Mortgage Funding who sold it to JP Morgan Chase (Chase Home Lending). Please email me at rnk444@hotmail.com. THIS IS SUCH INCREDIBLE NEWS!!!!!!

  5. Ms. Richie says:

    I need a lawyer in Louisiana who can help me file a quiet title suit against my lender MERS and BofA and Deutsche Bank
    mrcfunds at yahoo dot com ph 504-3731288

  6. jason kelly says:

    I have been battling ‘fraudulent’ foreclosure proceedings with my mortgage company (chase) here in florida for the past 3 years. How can I file the same appeals in florida??

    • Curt Marts says:

      I need a lawyer in Md who can help me file a quiet title suit against my lender BofA
      curtmarts at comcast dot net ph 3018319480

  7. Curt Marts says:

    I am looking for a lawyer in Md who can help me file a quiet title suit against my lender BofA who took over my loan from Countrywide and it was MERS. I originated the loan (refi) with local Sandy Spring Bank who sold it.

  8. Does anyone know any attorney in Chicago Illinois who can fight the bank after the sheiff sale. I have a client who is still in the house. I notice MERS is in their change of title. Did they have a right to sell their property. Sheriff is comin any day now. Any help would be greatly appreciated. I need someone who knows how to fight in the Federal Court. I was told its harder to fight in the Civil Court System.

  9. IMK says:

    Please remove my pic ASAP!

    Thanks

  10. IMK says:

    The document won’t download. Can u fix that?

    Thanks!

  11. Karen Ybarra says:

    I have been trying to figure out a way to use a Quiet Title on my situation. I am so happy for her although, the damages and Hell she has been put through I know has got to be incredible. I know how beat up I am already. Thanks for fighting and winning…. who cares if its default. What can they do? Are they in a position to file for set aside or vacate the judgment? Ha. Ha the victory for all of us little people. Great news!

  12. AJOKERONJACK says:

    I AM GOING THRU THE SAME THING AS THIS WOMAN MY TITLE WAS NOT TRANSFERED TO EMC,IT IS IN ERC, AS U KNOW EMC IS DEFUNKED BUT CHASE CONTINUES TO SENT LETTER HEAD THAT SAY EMC,

  13. yvonne says:

    I was unable to read the document above in its entirety as it was not uploaded properly…

  14. Jason Werner says:

    Thieves (MERS is a good example of one) like to hide. They do not want you to know who they are. They often use different names, change their names, and go by “fka” or “aka.”

    • yvonne says:

      What about those loans/ foreclosures not under MERS? And what happen to those fraudulent docs Stern filed on behalf of the banks and that are now tied up with the files he refuses to send over to the banks for non payment to hm? Many of these were recorded at the clerks office and remains as recorded fraudulent documents. When a case is dismissed, do they remain as recorded documents in their recorded state? I have been wondering about all these things as I read about all these things…your thoughts….

  15. leapfrog says:

    Hahaha! Where is our laughing mouse? Up YOURS, MERS. Looks like your new CEO can’t fix this $hit, huh?

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