The leaks keep appearing nationwide in MERS' business model faster than the MERS spinmeisters can spin new explanations dismissing the significance of the total implosion of that firm.
In addition to losing a stunning decision in Michigan, MERS was also spanked by the Court of Appeals in Texas in a Quiet Title Action.
The case was:
MERS v. Groves, NO. 14-10-00090-CV, 2011 Tex. App. LEXIS 2696, 2011 WL 1364070 (Tex. App.--Houston [14th Dist.] 2011)
This isn't an earthshattering setback for MERS. The decision is on very narrow grounds, but the decision DOES vindicate those that assert that a successful quiet title action might be brought to extinguish the deed of trust encumbering a property.
In this case, it seems that Plaintiff-Appellee Nancy Groves brought a quiet title action naming MERS. MERS failed to timely answer the suit and Groves obtained a default judgment against MERS. The regular thirty day appeals period then seems to have run and MERS failed to timely appeal.
MERS later filed a so-called restricted appeal. This is a special limited appeal available in Texas for an additional period. But only certain matters can be raised in a restricted appeal.
It is therefore important to distinguish that MERS LOST mostly through its initial default -- by simply not showing up, answering and defending the initial suit. The appellate decision then really is nothing more than a refusal to overturn the default judgment on the grounds raised by MERS on appeal.
Still, the outcome demonstrates that a quiet title CAN be obtained when MERS is behaving like an air traffic controller, asleep at the controls!
Some energetic person should obtain Ms. Nancy Groves' pleadings from the 334th District Court in Houston, Texas, and post them online!
And perhaps a few of our better word-smiths can incorporate additional language into the petition to address the issues raised by MERS within its appeal! There is no harm on improving on the Groves pleadings by using the legal research of MERS' high priced lawyers!