I agree. Time will tell. Every case that reappears in front of a judge will depend on circumstances and the judges discretion. Lawyers representing the homeowners will challenge the new docs and the banks know this before they appear in front of court. They already blew the first trial and the last thing they need is being caught “lying” the second time. The reason I brought out the points in my posts is there is an impression that the delinquent homeowner will get their home free and clear of the mortgage/bank. They are really not out of the woods yet.
And may never be. MERS and its inventors have possibly irreparably fouled hundreds of thousands of good titles and when the last payments or an attempt to sell on these are made and a clear title cannot be acquired without significant further cost to the homeowner, who then will guarantee the owner's interest in the property to be safe?
When you're dealing with a mammoth that refuses to produce the documents asserting their legal rights to monthly consideration and will only reveal a suspect copy, the only option is to make a photocopy of a deposit slip of depositing the payment amount into an escrow account until the issue is settled in court. If they prove standing, the money is there to effect reinstatement and good faith has been established by a continuance of the funds being set aside. If they can't prove standing, the homeowner has funds on hand to compensate the rightful holder of the Note, which is the fair and equitable thing to do.
This problem isn't limited to those the public thinks are deadbeat home inhabitants, this extends to anyone with an outstanding, securitized mortgage of which MERS has tainted the assignment process.