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A Minnesota attorney who continues to stall foreclosures using the ""show me the note"" argument was met with rejection again, ""MERSCORP Holdings, Inc."":http://www.mersinc.org/ (MERS) announced.
[IMAGE]Judges Raymond W. Gruender, Bobby E. Sheppard, and Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit ruled in favor of MERS and other defendants in the cases _Jerde v. JPMorgan Chase Bank N.A._ and _Dunbar v. Wells Fargo Bank N.A._ and dismissed repeated arguments from attorney William Butler of Butler Liberty Law, LLC.
[COLUMN_BREAK]Butler has been ""sanctioned"":http://www.mersinc.org/media-room/press-release/335-sanctions-awarded-against-minnesota-foreclosure-defense-attorney-now-total-over-263-000 on multiple occasions for continuing to argue against foreclosures using the rejected ""show me the note"" theory, which asserts that the holder of the legal title to a mortgage must also show the promissory note before a foreclosure.
In one instance in June 2012, he was ordered to pay $75,000, and in November 2012, he was directed to pay $21,077.97 for attorney fees and costs.
The actions from the three-panel judge affirmed previous appeals court and district court rulings that also rejected Butler's use of the ""show me the note"" theory.
""This is yet another in a long line of lawsuits brought by homeowners who have defaulted on their mortgages but claim that the entities asserting legal title to their mortgages do not have the authority to foreclose,"" the judges wrote in _Jerde_.
The judges also referred to a previous case, stating the claims used are similar to those that were recently rejected in _Karnatcheva v. JPMorgan Chase Bank, N.A._
""It is unfortunate that an attorney â€" who has been repeatedly sanctioned for this behavior â€" was once again able to dupe struggling borrowers into pursuing an unsound and ultimately fruitless legal action,"" MERSCORP's Director for Corporate Communications Jason Lobo said. ""Butler's tired legal theory that has been resoundingly rejected by Minnesota courts.""
