This week, we have two wins against MERS (Mortgage Electronic Registration Systems). One in Texas and one in Michigan.
Here’s the link for the foreclosure case in which MERS lacked Standing in Texas.
Here’s a similar foreclosure case ruled against MERS for lack of Standing in Michigan.
A few months ago, I wrote about MERS winning an appellate case in California, but the courts are divided on this issue. Fundamentally, the issue comes down to “who has the rights to assign the note”. Most courts rule that only a real party of interest/the holder in due course is the only party that can assign the mortgage/deed of trust…in most cases, MERS only act as the strawman for the transaction with no real nor equitable title in the promissory note. Under the US Supreme Court case of Carpenter vs. Longan, it was ruled that where the promissory note goes, the deed of trust follows J.W. Winco, Inc. In other words, an assignment of the deed of trust without the accompany promissory note is voidable and invalid.
Keep up the fight. Be sure to share any other victories you hear about.
Thank you for your support.