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Court Finds in Favor of MERS

Industry Update
February 8, 2016

The string of legal victories for Mortgage Electronic Registration Systems (MERS) continued on Monday with the announcement from parent company MERSCORP Holdings that a court in Dallas, Texas, had ruled in MERS’ favor recognizing the company’s right as beneficiary to notice of a lawsuit under both the U.S. and Texas Constitutions.

In the case of Mortgage Electronic Registration Systems, Inc. v. Summit Residential Services, Summit Residential Services acquired an interest in a property following an HOA foreclosure sale, and in 2002, the property was encumbered by a deed of trust granted by the borrower to MERS. Summit filed suit seeking clear title to the property, and in the suit it named only the original lender identified in the MERS deed of trust.

MERS was not provided with notice of the action, nor was it named in the action. Summary judgment was granted to Summit which extinguished the MERS lien in April 2014, and MERS promptly filed its own lawsuit seeking to reinstate its lien. In its suit, MERS contended that it could not be deprived of its protected property without an opportunity to be heard under due process guaranteed by both the U.S. and Texas Constitutions.

The Dallas County District Court, 101st Judicial District, agreed with MERS and entered a Final Judgment vacating Summit’s judgment and reinstating MERS’ lien on the property.

“This judgment confirms that MERS is a necessary party to any lawsuit affecting property interests when MERS is the mortgagee or beneficiary of record. As such, MERS has a constitutionally protected right entitling MERS to notice of the lawsuit,” said MERSCORP Holdings VP for Corporate Communications, Janis Smith. “MERS will vigorously defend its constitutional and statutory right to notice.”

MERS won a number of court decisions just since the second half of 2015 in cases that challenged its right to act as mortgagee. In late September, MERS won decisions in Montana, Georgia, New York, Kentucky, Tennessee, Pennsylvania, and Texas. In January, MERS won its first decision of 2016 in the New Hampshire State Supreme Court.

Source: DS News

CEO

Alan Jaffa

Alan Jaffa is the Chief Executive Officer for Safeguard Properties, steering the company as the mortgage field services industry leader. He also serves on the board of advisors for SCG Partners, a middle-market private equity fund focused on diversifying and expanding Safeguard Properties’ business model into complimentary markets.

Alan joined Safeguard in 1995, learning the business from the ground up. He was promoted to Chief Operating Officer in 2002, and was named CEO in May 2010. His hands-on experience has given him unique insights as a leader to innovate, improve and strengthen Safeguard’s processes to assure that the company adheres to the highest standards of quality and customer service.

Under Alan’s leadership, Safeguard has grown significantly with strategies that have included new and expanded services, technology investments that deliver higher quality and greater efficiency to clients, and strategic acquisitions. He takes a team approach to process improvement, involving staff at all levels of the organization to address issues, brainstorm solutions, and identify new and better ways to serve clients.

In 2008, Alan was recognized by Crain’s Cleveland Business in its annual “40-Under-40” profile of young leaders. He also was named a NEO Ernst & Young Entrepreneur Of The Year® Award finalist in 2013.

Esq., General Counsel and EVP

Linda Erkkila

Linda Erkkila is the General Counsel and Executive Vice President for Safeguard Properties, with oversight of legal, human resources, training, and compliance. Linda’s broad scope of oversight covers regulatory issues that impact Safeguard’s operations, risk mitigation, strategic planning, human resources and training initiatives, compliance, insurance, litigation and claims management, and counsel related to mergers, acquisition and joint ventures.

Linda assures that Safeguard’s strategic initiatives align with its resources, leverage opportunities across the company, and contemplate compliance mandates. She has practiced law for 25 years and her experience, both as outside and in-house counsel, covers a wide range of corporate matters, including regulatory disclosure, corporate governance compliance, risk assessment, compensation and benefits, litigation management, and mergers and acquisitions.

Linda earned her JD at Cleveland-Marshall College of Law. She holds a degree in economics from Miami University and an MBA. Linda was previously named as both a “Woman of Influence” by HousingWire and as a “Leading Lady” by MReport.

COO

Michael Greenbaum

Michael Greenbaum is the Chief Operating Officer of Safeguard Properties, where he has played a pivotal role since joining the company in July 2010. Initially brought on as Vice President of REO, Mike’s exceptional leadership and strategic vision quickly propelled him to Vice President of Operations in 2013, and ultimately to COO in 2015. Over his 14-year tenure at Safeguard, Mike has been instrumental in driving change and fostering innovation within the Property Preservation sector, consistently delivering excellence and becoming a trusted partner to clients and investors.

A distinguished graduate of the United States Military Academy at West Point, Mike earned a degree in Quantitative Economics. Following his graduation, he served in the U.S. Army’s Ordnance Branch, where he specialized in supply chain management. Before his tenure at Safeguard, Mike honed his expertise by managing global supply chains for 13 years, leveraging his military and civilian experience to lead with precision and efficacy.

CFO

Joe Iafigliola

Joe Iafigliola is the Chief Financial Officer for Safeguard Properties. Joe is responsible for the Control, Quality Assurance, Business Development, Marketing, Accounting, and Information Security departments. At the core of his responsibilities is the drive to ensure that Safeguard’s focus remains rooted in Customer Service = Resolution. Through his executive leadership role, he actively supports SGPNOW.com, an on-demand service geared towards real estate and property management professionals as well as individual home owners in need of inspection and property preservation services. Joe is also an integral force behind Compliance Connections, a branch of Safeguard Properties that allows code enforcement professionals to report violations at properties that can then be addressed by the Safeguard vendor network. Compliance Connections also researches and shares vacant property ordinance information with Safeguard clients.

Joe has an MBA from The Weatherhead School of Management at Case Western Reserve University, is a Certified Management Accountant (CMA), and holds a bachelor’s degree from The Ohio State University’s Honors Accounting program.

Business Development

Carrie Tackett

Business Development Safeguard Properties