Law Offices of Kramer and Kaslow: Michigan Court of Appeals Invalidates MERS Foreclosures

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Kramer Kaslow: MERS Foreclosures Halted by Michigan Court

Kramer & Kaslow

The State of Michigan Court of Appeals ruled in an unpublished opinion on May 10, 2011 (No. 296668 Oakland Circuit Court LC No. 2009-104156-CH) that a company called Mortgage Electronic Registration Systems Inc. (MERS) did not have the right to initiate foreclosure by advertisement on two homes because it didn't actually own any interest in the debt. MERS is an electronic database service used by many lenders to keep electronic records so that it is easier to buy, sell, and trade mortgages.

According to Philip Kramer, a California attorney and partner at the law firm of Kramer & Kaslow, “If the decision is upheld or picked up by other courts it will invalidate any mortgage where a lender has used MERS. This could affect millions of mortgages.”

When asked about the ruling, a spokesperson for MERS, based in Reston, Va., declined to comment but referred people to a statement on their website:
http://www.mersinc.org/newsroom/press_details.aspx?id=277

More analysis of the decision by Philip Kramer can be found at the Law Offices of Kramer and Kaslow blog.

Text of ruling:
http://coa.courts.mi.gov/DOCUMENTS/OPINIONS/FINAL/COA/20110510_C296668_62_296668.OPN.PDF
Text of article which first mentioned ruling:
http://www.battlecreekenquirer.com/article/20110513/NEWS01/305130009/Michigan-appeals-court-ruling-could-erase-thousands-foreclosures?odyssey=tab|topnews|text|Frontpage
About Philip Kramer
Philip Kramer is the senior partner of the Law Office of Kramer & Kaslow, in Calabasas, California. Kramer & Kaslow is Martindale Hubbell “AV” rated. Mr. Kramer is a perennial recipient of the prestigious “Southern California Super Lawyer” award.

Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on business litigation, and real property matters. He has prosecuted and defended cases for over twenty five years.

Mr. Kramer is a licensed real estate broker and has spent considerable time providing legal services in connection with real estate issues relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of various legal and business issues.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization dedicated to bringing professionalism and civility back into the legal profession. He also serves on numerous Boards of Directors and serves as an officer in many companies. For more information call (818) 224-3900 or visit http://kramer-kaslow.com

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Stuart R. Simone, Esquire
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