9:43 AM » Washington Federal Court Ruling Favors MERS
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Tue, May 21 2013 9:43 AM
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MERS
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Washington Courts Continue to Dismiss Wrongful Foreclosure Lawsuits against MERS Post-Bain FOR IMMEDIATE RELEASE CONTACT: Jason Lobo Phone: 703.652.1660 Email: jasonl@mersinc.org Reston, Virginia, May 21, 2013 - MERSCORP Holdings, Inc. today announced that Judge Thomas Rice of the U.S. District Court, Eastern District of Washington, recently ruled in favor of Mortgage Electronic Registration Systems, Inc. (MERS) and its co-defendant members, denying a nine-count complaint alleging wrongful foreclosure and violations of Washington's Consumer Protection Act (CPA). In Ukpoma v. U.S. Bank , the plaintiff, citing the Washington Supreme Court's decision in Bain v. Metropolitan Mortgage Group, Inc. , argued that a wrongful foreclosure claim exists against MERS because MERS cannot act as trust deed "beneficiary" under Washington law and therefore its assignment of the deed of trust to the foreclosing bank was void. Judge Rice found no merit to the plaintiff's reliance on Bain in support of a wrongful foreclosure count against MERS. "The fact that MERS is listed as a beneficiary of the deed of trust is not relevant to the outcome of this case," Judge Rice wrote, ruling that since U.S. Bank was the holder of the plaintiff's note and deed of trust, it had the authority to foreclose. Judge Rice methodically rejected all other counts of the plaintiff's complaint, including allegations of violations of Washington's CPA. To prevail on CPA claims, a plaintiff "must also demonstrate that he or she was injured as a result of the act or practice," he held. Judge Rice dismissed this claim, ruling that the "Plaintiff simply has not been injured by MERS's involvement with her loan." "Here in Ukpoma, the plaintiff relied on the Bain decision in an attempt to stall the non-judicial foreclosure of her property after she defaulted on her loan," MERSCORP Holdings Director of Corporate Communications Jason Lobo said....