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» The court found "despite the plaintiff's contention to the contrary, the deed unequivocally identifies MERS and its position." Additionally, Judge Terrence W. Boyle ruled that "the plaintiff has failed to uncover any case finding that MERS violates North Carolina law whereas several other courts have held that MERS is lawful and accordingly has the authority to assign it rights under deeds of trust." "This ruling serves as a reminder that prior case law has been settled. Courts have consistently found that MERS has authority to assign its rights under deeds of trust," said Janis Smith, VP of corporate communications for Merscorp Holdings. "MERS has legal authority to act on behalf of the lender—including the right to execute the assignment—and this authority is granted by plain language in the mortgage document signed at closing by the borrower," Smith added. Ohio rank: 15 90+ Day Delinquency Rate Foreclosure Rate September 2013 2.9% Unemployment Rate 2.8% 7.4% year ago 3.2% 4.1% 7.0% year-over-year change -6.9% -31.2% 5.7% Top County AshTAbulA COunTy 90+ Day Delinquency Rate Foreclosure Rate September 2013 3.5% 5.5% year ago 3.5% 6.6% year-over-year change 0.0% -17.0% Top Core-based statistical Area AshTAbulA, Oh 90+ Day Delinquency Rate Foreclosure Rate September 2013 3.5% 5.5% year ago KNOW THIS 3.5% North Carolina spent $168.2 million (35%) of Hardest Hit Funds obligated to the state as of midyear, TARP's special inspector general reports. rank: 47 Foreclosure Rate September 2013 0.5% Unemployment Rate 0.8% 2.8% year ago 0.7% 0.9% 3.2% year-over-year change -27.5% -15.6% -12.5% Top County PembiNa CouNTy 90+ Day Delinquency Rate September 2013 0.0% Foreclosure Rate 2.0% year ago 0.7% 0.6% year-over-year change -100.0% 224.7% Top Core-based Statistical area JameSTowN, ND 90+ Day Delinquency Rate Foreclosure Rate September 2013 0.9% 1.3% year ago 0.5% 1.1% year-over-year change 77.0% year-over-year change 0.0% -17.0% 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 September 2013 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary September 2013 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. IN THE NEWS North Dakota 90+ Day Delinquency Rate 6.6% 20.7% 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 September 2013 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary September 2013 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Cleveland Ranked as Most Affordable City of 2013 Cleveland, Ohio, was ranked as the most affordable real estate market in Coldwell Banker Real Estate's 2013 Home Listing Report. The company's annual study found an average four-bedroom, two-bathroom home in Cleveland lists for $63,729. "Cleveland's friendly, hometown feel draws people of all ages, and in recent years, the community has been revitalized with more young professionals entering the market," said Ed Dolinsky, president of Coldwell Banker Hunter Realty. "Energized by a growing tech hub that effectively supports nearby renowned hospitals and research institutions, this Midwest city continues to reinvent itself through its diversified business sectors and strong sense of neighborhood communities," Dolinsky added. There is a more than $2 million difference between Cleveland's average listing price and that of the most expensive city in the VISIT US ONLINE @ DSNEWS.COM country—Malibu, California. According to Coldwell Banker, a four-bedroom, two-bathroom home on the sunny beaches of Malibu lists for $2.15 million. Coldwell Banker conducted an applesto-apples comparison of four-bedroom, two-bathroom homes in more than 1,900 real estate markets across the United States. This year's report identified 20 markets where the sample home costs more than $1 million, and eight markets where a similar home lists for less than $100,000. The company says 60 percent of the nation's 25 most affordable housing markets can be found in the Midwest. The average listing price of a home matching the sample parameters was $301,414 nationwide. STAT INSIGHT +30.1% Year-over-year growth in mortgage application fraud risk in Ohio in Q2, the highest in the nation. Source: CoreLogic Oklahoma rank: 20 90+ Day Delinquency Rate Foreclosure Rate September 2013 2.2% Unemployment Rate 2.4% 5.4% year ago 2.2% 3.3% 5.2% year-over-year change 0.1% -28.3% 3.8% Top County 90+ Day Delinquency Rate AdAir COunTy Foreclosure Rate September 2013 3.2% 8.2% year ago 3.9% 9.3% year-over-year change -18.7% -11.5% Top Core-Based Statistical Area MiAMi, OK 90+ Day Delinquency Rate Foreclosure Rate September 2013 3.6% 4.6% year ago 3.6% 7.5% year-over-year change -2.3% -39.0% 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 September 2013 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary September 2013 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. 89