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USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Injunction, Foreclosure, Bad faith, United States bankruptcy court, Fifth Circuit
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USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Budget, Debt, Mortgage loan, Foreclosure, Secured creditor, In rem jurisdiction, US Code, United States bankruptcy court, Seventh Circuit
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USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Debtor, Limited liability company, Foreclosure, Joint and several liability, US Code, Trustee, Ninth Circuit, United States bankruptcy court
MERS’s authority to assign mortgages was called into question by a bankruptcy court in New York. In re Agard, 2011 Bankr. LEXIS 488 (Bankr. E.D.N.Y. Feb. 10, 2011). In response to the servicer’s motion for relief from the automatic stay, the debtor challenged the servicer’s standing on the ground that MERS lacked the authority to assign the mortgage to the servicer. Because a state court had previously entered a judgment of foreclosure and sale in favor of the servicer, the court was compelled by the Rooker Feldman doctrine to reject the debtor’s claims.
USA, New York, Banking, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Debtor, Mortgage loan, Foreclosure, Standing (law), United States bankruptcy court