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FROM THE BENCH Minnesota Court Rejects 'Show Me the Note' Argument . . . Again A Minnesota attorney who continues to stall foreclosures using the "show me the note" argument was met with rejection again in court. 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 Mortgage Electronic Registration Systems, Inc. (MERS), and other defendants in 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. Butler has been sanctioned on multiple occasions for continuing to argue against foreclosures using the rejected "show me the note" theory, which asserts 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 $21,078 for attorney fees and costs. The latest decision from the three-judge panel affirmed previous appellate 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—who has been repeatedly sanctioned for this behavior—was once again able to dupe struggling borrowers into pursuing an unsound and ultimately fruitless legal action," said Jason Lobo, director of corporate communications for MERS' parent company Merscorp, Inc. "Butler's tired legal theory has been resoundingly rejected by Minnesota courts." 96 Mississippi rank: 20 90+ Day Delinquency Rate Foreclosure Rate February 2013 5.5% Unemployment Rate 3.0% 9.6% year ago 5.5% 4.2% 9.2% year-over-year change -0.9% -27.4% 4.3% Top County CoahoMa CounTy 90+ Day Delinquency Rate Foreclosure Rate February 2013 7.2% 4.9% Be confident that year ago 7.0% 4.8% the industry is hearing year-over-year change 2.0% 2.4% your message. Top Core-Based Statistical area ClarkSdale, MS 90+ Day Delinquency Rate Advertise with Foreclosure Rate February 2013 7.2% DS News today. 4.9% year ago 7.0% 4.8% year-over-year change 2.0% 2.4% note: The 90+ day delinquecy rate is the percentage of outstanding mortgage loans that are seriously delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the February 2013 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary February 2013 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Applied Analytics. IN THE NEWS AG Takes Free Foreclosure Counseling and Legal Assistance on the Road The Mississippi Mortgage Foreclosure Prevention Consortium created by Attorney General Jim Hood began a second state-wide tour last month, with scheduled foreclosure prevention clinics set through the end of May. "I created this consortium so our residents dealing with foreclosure issues could get free counseling and legal assistance, including refinancing and loan modification assistance," said Attorney General Hood. "I hope by taking the Consortium across the state that we can better help folks." Attorneys and financial counselors with the partnering members of the Consortium are available to meet one-on-one with borrowers at each of the 12 free legal clinic locations. The Consortium was created by the state attorney general through funding provided under the National Mortgage Settlement with the nation's five largest mortgage servicers. Call 214.525.6700 or visit DSNews.com. Missouri rank: 41 90+ Day Delinquency Rate Foreclosure Rate February 2013 2.6% Unemployment Rate 1.3% 6.7% year ago 2.8% 1.9% 7.1% year-over-year change -8.8% -31.3% -5.6% Top County MCDonalD CounTy 90+ Day Delinquency Rate February 2013 2.3% Foreclosure Rate 3.6% year ago 3.1% 4.2% year-over-year change -24.2% -15.1% Top Core-Based Statistical area MarShall, Mo 90+ Day Delinquency Rate Foreclosure Rate February 2013 2.5% 2.7% year ago 3.2% 4.1% year-over-year change -20.4% -35.0% note: The 90+ day delinquecy rate is the percentage of outstanding mortgage loans that are seriously delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the February 2013 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary February 2013 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Applied Analytics.