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We all know that MERS was created by major mortgage lenders, but has generated muchcontroversy lately about the right to terminate.
Homeowner Jose Gomes was represented by attorney Ehud Gerstein. The court ruled against Gomes. The suit by Gomes had been filed in 2009 asking for annulling foreclosure measures taken by MERS to take over his property. In 2004 Gomes had taken a loan of $331,000 and was served with a default notice in 2009. The decision by the court was that under the “non-judicial scheme” Gomes could not file such a lawsuit. California is a non-judicial state wherein the process of foreclosure does not have to go through the court.
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