Fifth Circuit gives servicers green light to foreclose without note

The U.S. Fifth Circuit Court of Appeals gave servicers foreclosing in Texas the green light to proceed with a foreclosure even when the servicer lacks possession.

During the first quarter of 2018, the Fifth Circuit’s bankruptcy opinions gave a break for Chapter 7 trustees on their fees, resolved important issues on exemptions and explored the interplay between valuation and the elusive Section 1111(b) election among others.

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MERS, which was created by the mortgage industry, streamlines the mortgage process by substituting electronic filings in place of traditional land recordings, and acts as nominee in the county land records for the lender and servicer. In other words, lenders and servicers give MERS the power to foreclose on their mortgages.

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IN THE SUPREME COURT OF TEXAS 444444444444 N O. 15-0437 444444444444. and we accepted two certified questions from the United States Court of Appeals for the Fifth Circuit.. return the promissory note to the owner of the homestead and give the owner, in recordable form, a release of the.

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IN THE SUPREME COURT OF THE STATE OF NEVADA LN MANAGEMENT LLC SERIES 5105 PORTRAITS PLACE, Appellant, vs. GREEN TREE LOAN SERVICING LLC, Respondent. No. 69477 Appeal from a district court order granting summarMudgment in a quiet title action. eighth judicial District Court, Clark County; Douglas Smith, Judge. Affirmed.

would not be able to foreclose even if there were a valid transfer of the deed of trust. That claim fails as a matter of law. Under Texas law, a mortgagee or mortgage servicer is permitted to foreclose on a house even without holding the note. See T EX. P ROP. C ODE 51.0025 ("A mortgage servicer may administer the foreclosure of a property.").