A MERS and Tender Case I missed.

[Mark Brifman]

Thanks to Amir Dibaei <amirdi...@gmail.com> for showing me this
case.




Giannini v. Am. Home Mortg. Servicing, Inc., 2012 U.S. Dist. LEXIS
12241 (N.D. Cal. Feb. 1, 2012):


Here, Plaintiff is contesting the validity of the sale, and therefore
argues that to require tender would be inequitable. See In re Salazar,
448 B.R. 814, 819 (S.D.Cal.2011); Sacchi v. Mortgage Electronic
Registration Systems, Inc., 2011 U.S. Dist. LEXIS 68007, 2011 WL
2533029, at *9-10 (C.D.Cal. June 24, 2011) (declining to require
tender in wrongful foreclosure action because it "would permit
entities to foreclose on properties with impunity"). The Court agrees,
and finds that it would be inappropriate to require that Plaintiff
make tender before bringing an action to challenge the sale 1.




The Sacchi case, cited in the portion, is a Central District of
California and holds that Tender is NOT required, and also attacks the
MERS system. A good discussion and chart of just how at least one loan
was handled.


Mark