Home Equity Theft Reporter The state Department of Justice filed a brief in the 9th U.S. Circuit Court of Appeals, arguing that the Mortgage Electronic Registration Systems, or MERS , can’t stand in for lenders when it comes to county records in what’s called "a non-judicial foreclosure" — one that does not go through court.
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Over the last two decades home ownership has increased by only 3.6%, but foreclosures per home have increased by 335.6%. The blame for this dramatic increase in foreclosures can be traced directly to the sub-prime (hard money) mortgage market (which means greedy lenders and realtors who know for certain the borrower cannot afford the home).
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Home Equity Theft Reporter The Stitts claim the defendant also refused to credit payments on the account by either returning payments or placing the payments in suspense. Rather than provide the Stitts with any assistance, the defendant ultimately chose to pursue foreclosure, in violation of their mortgage contract, according to the suit.
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The court of appeals disposed of that challenged, noting both that there was no analog to rule 54(b) in the Arizona Rules of Procedure for Eviction Actions and that appeals from forcible detainer actions were authorized by Ariz. Rev. Stat. 12-1182(A).