Minnesota Federal Judge Gives MERS The Go-Ahead On Foreclosures Involving Unrecorded Mortgages Assignments

In Minneapolis, Minnesota, the Minneapolis Star Tribune reports:

• A federal judge has refused to temporarily block many Hennepin County foreclosures in a ruling that signals that the borrowers could have a hard time proving their case. Judge Joan Ericksen [last] Wednesday denied a request for a temporary restraining order against foreclosures initiated by a national electronic mortgage registry [Mortgage Electronic Registration Systems, Inc.]. [...] Attorneys for the borrowers argue that the national registry violated Minnesota law because its foreclosure notices don't list assignments, a document recorded when a mortgage is sold to another party, as required by law. [...] Attorney Amber Hawkins, representing the borrowers, said they will proceed with their underlying challenge. She said they'll argue for Ericksen to certify the issue to the Minnesota Supreme Court for review.

For more, see Federal judge refuses to block foreclosures.

For story follow-up (8-14-09), see MERS Scores Big Win As Minnesota High Court Says Sale Of Note Not An “Assignment Of The Mortgage” Which Must Be Recorded Before Initiating Foreclosure.

Go here for earlier posts on this story.

For other posts that reference the failure of some mortgage lenders and their attorneys to file the required loan documents when starting foreclosures, Go Here, Go Here, Go Here and Go Here. missing mortgage foreclosure docs alpha