GNMA's Mandate to MBS Issuers to Repurchase and Holder v Holder in Due Course
by john gault | 2013/10/18
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Who May Assign a Deed of Trust, even if MERS has Authority?
by john gault | 2013/06/15
This material touches on numerous topics, including agency, but its primary goal is
to identify the party who may assign a deed of trust, either himself or who may empower
another, including MERS, to do so. I also discuss my belief that a deed of trust does not
"follow a note", why not, and why a court may not find an 'equitable' assignment.
Kentucky County Recorders File Suit Against MERS, Shareholders - Is Money Due?
by john gault | 2013/01/31
The OCC Abandons the "Independent Foreclosure Review"
by john gault | 2013/01/08
The Office of the Comptroller of the Currency has announced it's ending the Independent Foreclosure Review, apparently on the basis it's inconclusive. The OCC left the review in the hands of the banks: how was this "independent"? It wasn't , and as such, I hope it wasn't the polity which had to pay for this show-boat exercise in futility.
MERS and the Doctrine of Merger
by john gault | 2012/09/06
This material looks at the doctrine of merger including the ramifications of credit bids in foreclosures and deed of trust trustees selling liens. It also touches on WA SC's recent decision on MERS as beneficiary in Washington state deeds of trust.
A Look at Foreclosure Post-MERS' Consent Order
by john gault | 2012/05/05
Since MERS entered the Consent Order with the U.S. Dept of the Treasury in April of 2011, its members may no longer foreclose in MERS' name. This material looks at how the members are dealing with this situation.
The Foreclosure Dilema: Decisions at the Expense of One Class
by john gault | 2012/01/11
This material looks at favoritism to one class of citizens at the expense of another in
enforcement of Law in regard to foreclosures.
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Duties of The Deed of Trust Trustee - What Documents Must He Be Provided?
by john gault | 2011/10/30
This material discusses the duties of the deed of trust trustee and what documentation he should be reviewing. If the trustee received those documents, it would benefit all of us. Well, most of us.
MERS' DEED OF TRUST AND THE STATUTE OF FRAUDS
by john gault | 2011/10/13
This material discuss the MERS'-crafted deed of trust, the laws of agency, and the
statute of frauds.
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Judge Slams MERS etal Head-On over Bogus MERS' Assignment
by john gault | 2011/06/09
The court was not amused upon learning the person who signed the "MERS" assignment was in fact an employee of a processing company, and was not an employee of MERS. This is the first time I've seen this particular issue addressed head-on in a case.