Kramer and Kaslow: Utah Lawsuit May Result in Less Foreclosures

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The Law Offices of Kramer and Kaslow report on a Utah case that could lead to a halt on foreclosures

Kramer & Kaslow

Philip Kramer of the Law Offices of Kramer and Kaslow announced that the case of Corey v. Countrywide Bank FSB et al (Case number: 2:2011cv00409) is being heard today in Utah District Court to determine whether or not MERS may be used as a beneficiary in Utah foreclosure cases.

Judge Dee Benson is presiding, and according to court documents, he has told the defendants, Bank of America (BAC) and ReconTrust (Parr Brown), that he believes, “the existing federal court rulings (Rodeback, Burnett, etc.) in favor of MERS are bad law won by banks who have big-firm attorneys who are making legally unsound arguments and winning because the “Plaintiff’s Bar” (“homeowner-attorneys)” have been outmatched by the bank attorneys, and have been making the wrong legal arguments.” Benson also went on to state – on the record – that he believes, “MERS and securitization play a big role the foreclosure mess we are in.”

According to court documents, an attorney at the law firm representing the plaintiff in this case said that, “while there are no guarantees as to Judge Benson’s ruling, he has essentially invited us to lay out the proper arguments for why MERS is “not the beneficiary” of a mortgage and therefore “lacks authority” to perform the actions that only a “beneficiary” (the Lender) can do under a mortgage (including “substituting” Trustee ReconTrust and commencing non-judicial foreclosure proceedings on behalf of Bank of America)."

Consolidated plaintiff litigation attorney Philip Kramer, a senior partner at the firm of Kramer & Kaslow is watching the case closely. “If the court rules that MERS is not a legal beneficiary, it strikes at the heart of many foreclosures. This may turn out to be a real turning point in the foreclosure crisis.”

More of Philip Kramer’s comments on the case may be found at the Kramer and Kaslow blog.

ABOUT PHILIP KRAMER
PHILIP A. 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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