Calabasas, CA (PRWEB) June 13, 2011
Philip Kramer of the Law Offices of Kramer and Kaslow announced that the case of Corey v. Countrywide Bank FSB et al (Case number: two:2011cv00409) is getting heard right now in Utah District Court to decide no matter whether or not MERS could be used as a beneficiary in Utah foreclosure instances.

Judge Dee Benson is presiding, and according to court documents, he has told the defendants, Bank of America (BAC) and ReconTrust (Parr Brown), that he believes, the existing federal court rulings (Rodeback, Burnett, etc.) in favor of MERS are negative law won by banks who have massive-firm attorneys who are generating legally unsound arguments and winning since the Plaintiffs Bar (homeowner-attorneys) have been outmatched by the bank attorneys, and have been producing the wrong legal arguments. Benson also went on to state on the record that he believes, MERS and securitization play a large role the foreclosure mess we are in.

According to court documents, an attorney at the law firm representing the plaintiff in this case stated that, while there are no guarantees as to Judge Bensons ruling, he has essentially invited us to lay out the appropriate arguments for why MERS is not the beneficiary of a mortgage and for that reason lacks authority to carry out the actions that only a beneficiary (the Lender) can do under a mortgage (like substituting Trustee ReconTrust and commencing non-judicial foreclosure proceedings on behalf of Bank of America).”

Consolidated plaintiff litigation attorney Philip Kramer, a senior partner at the firm of Kramer & Kaslow is watching the case closely. If the court guidelines that MERS is not a legal beneficiary, it strikes at the heart of many foreclosures. This may turn out to be a real turning point in the foreclosure crisis.

More of Philip Kramers comments on the case could be found at the Kramer and Kaslow blog.

ABOUT PHILIP KRAMER
PHILIP A. KRAMER is the senior companion of the Law Office of Kramer & Kaslow, in Calabasas, California. Kramer & Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes industrial litigation and trial advocacy, with a concentration on business litigation, and actual house matters. He has prosecuted and defended situations for more than twenty 5 years.

Mr. Kramer is a licensed actual estate broker and has spent considerable time delivering legal services in connection with genuine estate problems relating to loan modification and loss mitigation, land use and zoning, environmental problems, easements, construction and development, finance, and landlord tenant matters.

Mr. Kramer is admitted to practice just before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has attempted in excess of 200 circumstances. He has appeared on nationally televised applications regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer often lectures on a broad spectrum of various legal and business concerns.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on many Boards of Directors and serves as an officer in many firms. For far more information get in touch with (818) 224-3900 or visit http://kramer-kaslow.com.

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