San Bernardino, CA asked in Real Estate Law for California

Q: Have there been any successful lawsuits in California resulting in a party being granted quiet title because of MERS

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1 Lawyer Answer
Ute Ferdig
Ute Ferdig
  • Newcastle, CA
  • Licensed in California

A: It is difficult to track state court cases as the superior court decisions are not published and even if there were any cases, they would not be persuasive authority for another case. Only published appellate court decisions can be used for citation in another case. At this point, the problems with MERS have gained notoriety only recently and it takes a long time for a case to make it through the judicial system. There may be some cases in which the courts granted restraining orders based on issues related to MERS, but those restraining orders are just temporary and the fact that a temporary restraining order was granted in one case does not carry any weight in another case. The problem in California is that the great majority of foreclosures are non-judicial (i.e., no court action has to be filed) and the home owners cannot raise any defects on account of MERS unless they are willing to file a lawsuit, which most home owners facing foreclosure cannot do as they just don't have the money and attorneys can't afford to take on these complex cases on a pro bono basis.

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