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A California bankruptcy court, following landmark cases in other jurisdictions, recently held that this electronic shortcut makes it impossible for banks to establish their ownership of property titles—and therefore to foreclose on mortgaged properties.
He also regularly represents Fortune 500 companies in high-stakes securities class actions, SEC enforcement proceedings, criminal investigations, and employment disputes.
As a “lawyer’s lawyer,” he also is regularly retained by national law firms for representation in malpractice cases.
The securities changed hands frequently, and the companies profiting from mortgage payments were often not the same parties that negotiated the loans.
At the heart of this disconnect was the Mortgage Electronic Registration System, or MERS, a company that serves as the mortgagee of record for lenders, allowing properties to change hands without the necessity of recording each transfer.