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Univ. of Kentucky College of Law

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Wednesday, 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).

Steve Clowney

http://lawprofessors.typepad.com/property/2012/01/case-of-week-mers-has-standing-to-foreclose.html

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Comments

And at least in Kentucky, counties do not have standing to sue MERS for recording fees.
http://www.housingwire.com/article/mers-wins-dismissal-county-recording-fee-case

Posted by: Lawyer Mom | Feb 22, 2012 3:08:55 PM

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