This is also applicable in the case of criminal appeals. If a judgment is reversed without remanding the case, it cannot be reinstated in the court which entered the judgment from which the appeal was taken. In other words, following a reversal without remand, the trial court is not revested with jurisdiction over the case.[viii]

Justia US Law Case Law Tennessee Case Law Tennessee Court of Appeals Decisions 2014 Federal National Mortgage Association et al. v. Lakisha Simmons, et al. Receive free daily summaries of new opinions from the Tennessee Supreme Court .

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The Massachusetts Appeals Court has reaffirmed its holding in Sullivan v.Kondaur Capital Corp., 85 Mass.App.Ct. 202 (2014), that mortgagors have standing only to challenge assignments of their mortgages that are void, not merely voidable, and that the Mortgage Electronic Registration Systems, Inc. ("MERS") system of mortgage assignments comports with Massachusetts law.

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The Appeals Court further reaffirmed that MERS’ status as mortgagee, even "solely as nominee for [lender] and [lender]’s successors and assigns," grants to MERS all the rights and powers of a mortgagee, including the right to foreclose and exercise the power of sale in the mortgage. Epps v.

United States Court of Appeals. The Bank Defendants removed the case to federal court and filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), as did PFB.. promptly refile it in state court, and start the process all over again. To hide his conduct, Butler will

Once again, joined by AHK, U.S. Bank and MERS moved to dismiss for failure to state a claim. The court granted the motion and dismissed Turner’s action with prejudice. Turner now appeals, arguing that the court erred in dismissing his claim. Alternatively, Turner argues that if his complaint failed

Now, a federal appellate court says the nation’s largest online. during the 2015 Christmas shopping season were exploding,

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"show-me-the-note" theory, holding that assignments through MERS are valid under Texas law. The district court rejected the Van Duzer’s second theory as to bifurca-tion because, again under Texas law as elucidated in . Martins, "the ben eficiary of the lien can be different from the holder of the note" and "[t]he party to