MERS Upheld; “Produce the Note” Fails

Two California appellate courts upheld foreclosures initiated by MERS (the Mortgage Electronic Registration Systems).

The 2nd District Appellate Court in California ruled in Calvo v. HSBC that an absence of an assignment of deed of trust from MERS to HSBC is irrelevant in a non-judicial foreclosure in California. The statute cited by plaintiffs’ attorneys to prove an improper foreclosure is only applicable to “mortgages,” not “deeds of trust” which are used in California’s non-judicial foreclosure process.

The 4th District Appellate Court in California also rejected a claim in Robinson v. Countrywide that MERS did not have the right to foreclose on property. The judge cited Gomes v. Countrywide, another state victory for MERS, by stating that statutory scheme does not provide for a preemptive suit challenging the standing of MERS in a non-judicial foreclosure.

A number of California attorneys have been disbarred or arrested in various schemes which prey on distraught homeowners by promising success through the “MERS” claims or “produce the note” allegations. All of which have been shown as complete failures. Homeowners should avoid any solicitation which results in the payment of up-front fees, retainers or monthly fee obligations. If these claims are so successful, you should find an attorney who will take your matter on contingency.

Please contact Lawyers Realty Group for a full and complete evaluation of any solicitations you receive. We can tell quickly whether you are dealing with a legitimate law firm or just another charlatan attorney.

Review our Consumer Warnings article for more information on the numerous scams and frauds in our market.