I hope you’re doing well. I’m writing to let you know of a recent Court of Appeals decision decided last month that ruled that foreclosures by advertisement where the foreclosing party is identified as Mortgage Electronic Registration System (also known as “MERS”) rather than in the name of the lender are invalid. As a result of this decision, THAV GROSS has teamed with two other law firms and filed Class Action lawsuits seeking damages against the lenders that have improperly foreclosed.
We are notifying you of this important decision – in case you know of friends or family members who have been through foreclosure. Assuming the Court of Appeals decision is not reversed or limited by the Supreme Court, we believe that people who have been wrongly foreclosed have a claim that is worth pursuing in the litigation. This litigation does not require the expenditure of any funds by the Class Members for legal fees. At present, we are looking for Class Representatives to participate in the litigation.
How to Determine if the Foreclosure is Invalid
The key to whether you have a valid claim is determined by looking at the foreclosure notice and Sheriff’s Deed that was generated in the foreclosure process. If you have these documents at home, you need to pull them out. If not, you should go to the Register Deeds Office for the county where the home was and request a complete copy of the Sheriff’s Deed with attachments. Some counties will provide this information via online for a fee.
If the foreclosure notice mentions MERS, as the mortgagee, and there is no indication that MERS assigned the mortgage back to the lender then in it is most likely that the foreclosure is invalid. You can further look at the Sheriff’s Deed. If the “party of the second part” in the heading is listed as MERS and not the name of the lender, then, again, it is likely the foreclosure was invalid.
Foreclosures that Do Not Apply as to this Issue
If, however, MERS is not listed as the mortgagee or there is reference that MERS assigned the mortgage to the lender in the foreclosure note, then the situation does not apply. Similarly, if the “party of the second part” in the heading on the Sheriff’s Deed is the lender, then the situation does not apply.
What Should You Do
If you have the papers, you can email them to me and we’ll look at them to determine if the foreclosure falls within the claim. If you send it via email, be sure to let me know when you purchased the home and the name of the lender. We will contact you after reviewing the documents. Alternatively, you can call our office. Please ask for my assistant, Elizabeth Keating, and she will assist you in the process.
For more information – visit our Website at www.financialcrisistalkcenter.com. The site will continue to post announcement as the process moves forward.
Please forward this email to friend and encourage them to do the same. Many good people have been dealt an unfair set of cards in the course of the economic meltdown Michigan has faced the last few years. This may be a chance, for some, to level the playing field.