January 11, 2012
Case of Week: MERS Has Standing to Foreclose
Via Joseph Singer, here's an interesting decision from the Michigan Supreme Court:
Contrary to the ruling of some other courts, the Michigan Supreme Court held that MERS (Mortgage Electronic Registration Systems) has standing to foreclose on properties for which it is the record holder of the mortgage even if it does not “own’ the note or the right to moneys under the note. The court held that because MERS is the “holder of the mortgage, MERS owned a security lien on the properties, the continued existence of which was contingent upon the satisfaction of the indebtedness.” The court concluded that the legislature would want the record mortgage holder to have the right to foreclose on the property. The case is Residential Funding Co. v. Saurman, 805 N.W.2d 183 (Mich. 2011).
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And at least in Kentucky, counties do not have standing to sue MERS for recording fees.
Posted by: Lawyer Mom | Feb 22, 2012 3:08:55 PM