U.S. court upholds dismissal of MERSCORP foreclosure suit

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MERSCORP, Inc., RESPA Litigation (United States Court of Appeals for the Fifth Circuit) In 2008, the United States Court of Appeals for the Fifth Circuit dismissed a multi-district class action lawsuit against MERS. The plaintiffs alleged that a small fee charged by mortgage lenders, which was then paid to MERS,

U.S. court upholds dismissal of MERSCORP foreclosure suit The United States Court of Appeals for the Ninth Circuit affirmed a Washington federal court’s ruling that dismissed the plaintiffs’ Washington Consumer Protection Act claims along with other claims alleged in a wrongful foreclosure complaint against MERSCORP Holdings and its co-defendants.

Iqbal, 556 U.S. 662, 678 (2009), but instead offer only legally insufficient conjecture and "labels and conclusions," Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The plaintiffs also appeal the dismissal of their quiet title claim. Our rejection of an identical theory in Murphy requires us to affirm the district court’s dismissal on

Homeowners challenged the validity of the foreclosure of their home mortgages. The district court dismissed the suit under Rule 12(b)(6). The court affirmed the district court’s dismissal of the law firm as fraudulently joined and concluded that the court had subject matter jurisdiction over the appeal because the doctrine of prior exclusive jurisdiction was inapplicable.

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MERS, Banks Sued by New York State; MERSCORP Responds. The New York suit differs slightly from the facts in Smith V. Saxon Mortgage , but if Schneiderman wins his case, it could be that the legitimacy of MERS will ultimately have to be decided by the U.S. Supreme Court.

The case is In re Lehman Brothers Securities and ERISA Litigation, 09-MD-2017, U.S. District Court, Southern District of New York (manhattan). For more, click here. For the latest lawsuits news, click.

The United States Court of Appeals for the Ninth Circuit affirmed a Washington federal court’s ruling that dismissed the plaintiffs’ Washington Consumer Protection Act claims along with other.