4:56 PM » Fifth Circuit Court of Appeals Upholds Ruling in MERS' Favor
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Wed, Sep 19 2012 4:56 PM
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Three-Judge Panel Thwarts Borrower's Attempt at "winning a free house" FOR IMMEDIATE RELEASE Jason Lobo Phone: 703.652.1660 Email: jasonl@mersinc.org Reston, Virginia, September 19, 2012 -MERSCORP Holdings, Inc. today announced that a three-judge panel of the United States Court of Appeals for the Fifth Circuit affirmed the July 7, 2011, dismissal of a plaintiffs' wrongful foreclosure complaint against Mortgage Electronic Registration Systems, Inc. (MERS) and two other defendants. In Wigginton v. The Bank of New York Mellon , Senior U.S. District Judge A. Joe Fish dismissed the plaintiff's five-count complaint, which asserted claims of breach of contract, unreasonable collection efforts and defamation based on her belief that MERS' transfer of its interest in the plaintiff's deed of trust to the foreclosing lender Bank of New York Mellon (Mellon) and the subsequent foreclosure were unlawful. "Applying Texas law, courts in this circuit have consistently rejected claims based on an allegedly wrongful or illegal foreclosure where the deed of trust specifically grants the defendant a right to foreclose upon the plaintiff's default," Judge Fish held. "And the deed of trust, on its face, grants MERS a right to foreclose upon Wigginton's default, a right Mellon acquired vis-à-vis MERS' transfer of its interest." The Court of Appeals panel found that the District Court's analysis in dismissing all counts was correct. "Winning a free house simply because the mortgage lenders sought to use normal means to recover it from a defaulted debtor would indeed be a lucky strike. But such windfalls are the province of the sweepstakes, not of the federal courts," the Court of Appeals panel wrote in its judgment. "Dr. Wigginton has apparently enjoyed years of free housing while pursuing this meritless litigation." Chief Judge Edith H. Jones and Circuit Judges Edward C. Prado and Jennifer Walker...