Michigan Court of Appeals Dismisses Wrongful Foreclosure Complaint Against MERS – NMP Skip to main content

Michigan Court of Appeals Dismisses Wrongful Foreclosure Complaint Against MERS

Apr 16, 2013

MERSCORP Holdings Inc. has announced that a three-judge panel of the Michigan Court of Appeals recently affirmed a lower court decision in favor Mortgage Electronic Registration Systems, Inc. (MERS) and three other defendants, dismissing a five-count wrongful foreclosure complaint. In Mitchell v. PHH Mortgage Corp., Judges Jane M. Beckering, Kirsten F. Kelley and Joel P. Hoekstra, citing Michigan Compiled Law §600.3201(1), concluded “that the foreclosure in this case satisfied the [four-part] requirements …” of the law. Their ruling noted that the foreclosing lender, PHH, could indeed foreclose because MERS satisfies the Michigan statutory requirement of having “an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage,” and, because it was MERS’ assignee, PHH also satisfied the requirements. “Pursuant to our Supreme Court’s decision in Residential Funding Co. v. Saurman … PHH’s ‘ownership of legal title to a security lien whose existence is wholly contingent on the satisfaction of the indebtedness’ is an interest in the indebtedness secured by the mortgage,” they wrote. “Therefore, PHH was authorized to foreclose.” The panel rejected other arguments that the foreclosure was invalid when, citing Michigan foreclosure statutes, they held that a record chain of title existed prior to the foreclosure because MERS recorded its assignment to PHH several months before the sheriff’s sale. “It should be no surprise that the Michigan Court of Appeals affirmed the lower court decision in MERS’ favor,” said MERSCORP Holdings’ Director for Corporate Communications Jason Lobo. “The judges themselves cited established Michigan Supreme Court case law validating MERS’ role and authority.”
About the author
Published
Apr 16, 2013
California Approves $25B Homebuyer Loan Program, Targeting New Construction

Proposition 37 could open new purchase lending opportunities, but financing costs and borrower qualification will determine its reach

When AI Takes Action: New Federal Framework Raises Questions

New federal banking guidance examines the risks of autonomous AI, from borrower communications to servicing transactions, with a focus on human oversight and accountability

States Tighten Mortgage Rules For Home Equity Investments

Massachusetts, Maine, and Illinois are expanding oversight of home equity financing

West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations