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» VISIT US ONLINE @ DSNEWS.COM 85 security instrument were split due to the use of MERS in the loan transaction. » In the Bradley case, Magistrate Judge Russell G. Vineyard from the U.S. District Court for the Northern District of Georgia dismissed the quiet title claim because the borrower could not claim that he held the full title to the property due to the fact that "it is undis- puted that [the borrower] executed a security deed that conveyed the property to MERS." » In McCarty, U.S. District Judge Analisa Torres from the Southern District of New York ruled that the "Plaintiff voluntarily executed the Deed of Trust to obtain the loan. And even construing the amended complaint liberally, Plaintiff has not alleged a proper basis for a discharge of that loan." In a decision similar to the Bradley case, Tor- res dismissed the quiet title claims against MERS and upheld the validity of the deed of trust assignment executed by MERS, according to the announcement. » Judge David Hittner from the U.S. District for the Southern District of Texas Court ruled in the Garza case that the borrow- ers "fail to make any allegations to support their assertion that Defendants' claim to the property is invalid or unenforceable[.]" Like in Bradley and McCarty, the judge dismissed the quiet title claims and upheld the validity of the assignment of the deed of trust to MERS. In all three cases, the quiet title claims were dismissed with prejudice. "ese federal courts affirmed that MERS can rightfully hold a security instrument on behalf of the lender and its assigns," MERSCORP Holdings Vice President for Corporate Communications Janis Smith said. "In addition, the federal court in New York found in McCarty that the borrower's quiet title and fraud claims were contradicted by the plain language in the mortgage and assignment." e three court rulings are the latest in a series of victories for MERS in the last two months. In Kentucky earlier in September, the U.S. Sixth Circuit Court of Appeals denied an en banc rehearing of a case that held that recording statutes in the state do not require a recording in the land records when promissory notes are transferred. MERS has also had court victories in North Texas, Tennessee, and Pennsylvania in the last two months. Kentucky RANK: 25 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate AUGUST 2015 1.64% 1.46% 5.2 YEAR AGO 2.17% 1.63% 6 YEAR-OVER-YEAR CHANGE -24.3% -10.6% -0.8 Top County LINCOLN COUNTY 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 3.49% 4.22% YEAR AGO 3.61% 3.44% YEAR-OVER-YEAR CHANGE -3.4% 22.5% Top Core-Based Statistical Area LONDON, KY 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 2.67% 3.36% YEAR AGO 2.97% 3.21% YEAR-OVER-YEAR CHANGE -10.2% 4.9% 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 August 2015 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2015 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Louisiana RANK: 20 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate AUGUST 2015 2.89% 1.64% 6 YEAR AGO 3.39% 1.87% 6.7 YEAR-OVER-YEAR CHANGE -14.8% -12.1% -0.7 Top County JEFFERSON DAVIS PARISH 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 2.69% 4.28% YEAR AGO 3.61% 3.58% YEAR-OVER-YEAR CHANGE -25.4% 19.7% Top Core-Based Statistical Area NATCHITOCHES, LA 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 6.77% 3.89% YEAR AGO 6.26% 2.83% YEAR-OVER-YEAR CHANGE 8.1% 37.3% 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 August 2015 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2015 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Mississippi RANK: 23 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate AUGUST 2015 4.13% 1.57% 6.3 YEAR AGO 5.10% 1.70% 7.4 YEAR-OVER-YEAR CHANGE -18.9% -7.6% -1.1 Top County WARREN COUNTY 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 7.55% 2.86% YEAR AGO 9.32% 3.54% YEAR-OVER-YEAR CHANGE -19.0% -19.1% Top Core-Based Statistical Area VICKSBURG, MS 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 7.44% 2.80% YEAR AGO 9.42% 3.46% YEAR-OVER-YEAR CHANGE -21.0% -19.0% 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 August 2015 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2015 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. North Carolina RANK: 34 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate AUGUST 2015 1.77% 0.94% 5.9 YEAR AGO 2.39% 1.01% 6 YEAR-OVER-YEAR CHANGE -26.0% -6.9% -0.1 Top County GATES COUNTY 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 3.24% 2.71% YEAR AGO 3.36% 2.10% YEAR-OVER-YEAR CHANGE -3.6% 29.3% Top Core-Based Statistical Area LUMBERTON, NC 90+ Day Foreclosure Delinquency Rate Rate AUGUST 2015 4.28% 2.18% YEAR AGO 4.94% 1.51% YEAR-OVER-YEAR CHANGE -13.5% 44.7% 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 August 2015 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2015 figures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Georgia had 26,000 completed foreclosures for the 12-month period ending August 31, 2015, fifth highest among states (behind Florida, Michigan, Texas, and California), according to CoreLogic. KNOW THIS