FOR IMMEDIATE RELEASE

CONTACT: Janis Smith
Phone: 703-738-0230
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Reston, Virginia, December 23, 2013— Below is a monthly summary of major legal decisions involving either the use of the MERS® System or Mortgage Electronic Registration Systems, Inc. (MERS) and its role in the mortgage process. Please contact the This email address is being protected from spambots. You need JavaScript enabled to view it. at MERSCORP Holdings, Inc. with any questions, and visit the MERS Newsroom for a full list of news releases.

Major Developments

Iowa

  • Iowa Judge Upholds MERS’ Right to Notice, November 12, 2013
    Judge James S. Heckerman of the Fourth Judicial District of Iowa, sitting in Pottawattamie County, Iowa confirmed in a judgment that Mortgage Electronic Registration Systems, Inc., as mortgagee, was entitled to receive a Notice of the Right to Redeem. In granting summary judgment to the plaintiff, Judge Heckerman, noted that he “is persuaded by the Iowa law, both statutory and case law [ ], and believes MERS was entitled to receive the Notice of Right to Redeem, both as a Mortgagee and as a person having an interest of record.”

Kentucky

  • MERS Wins Dismissal of Kentucky Recording Fee Suit, November 26, 2013
    The U.S. Court for the Eastern District of Kentucky, Northern Division, ruled in favor of Mortgage Electronic Registration Systems, Inc. (MERS) in Boyd County by and through its County Attorney Phillip Hedrick; et.al. vs. Mortgage Electronic Registration Systems, Inc. (MERS); et. al.,dismissing the case with prejudice. In his opinion, Judge Henry Wilhoit, Jr. found that county attorneys, like the county clerks in a previous lawsuit against MERS, do not have standing to maintain their lawsuit. 

Massachusetts

  • MERS Wins Joint Motion to Dismiss in Massachusetts Recording Case, November 15, 2013
    MERSCORP Holdings, Inc. announced that the Superior Court in the Commonwealth of Massachusetts dismissed three consolidated actions involving recording fee cases. Justice Sanders wrote, “If the underlying note is assigned to another lender who is a member of the MERS system, MERS remains as the mortgagee, acting as nominee for the new note holder. … No recordation is necessary because there has been no change as to who holds legal title.” 

North Carolina

  • Federal Judge in North Carolina Rules in MERS Favor, November 7, 2013
    “Despite the plaintiff’s contention to the contrary, the Deed unequivocally identifies MERS and it position,” U.S. District Court Judge Terrence W. Boyle of the Eastern District of North Carolina said when he dismissed a law suit filed against Mortgage Electronic Registration Systems, Inc., JP Morgan Chase Bank, and other MERS® System members. Additionally, the Judge continued, “the plaintiff has failed to uncover any case findings that MERS violates North Carolina law whereas several other courts have held that MERS is lawful and accordingly has the authority to assign it rights under deeds of trust.” 

Washington

  • MERS wins dismissal of Two Washington Lawsuits, November 20, 2013
    MERSCORP Holdings, Inc. today announced that two federal judges in the Western District of Washington found in MERS’ favor when they dismissed two borrower initiated actions alleging MERS’ role in the borrower(s)’ deeds of trust caused them injury. First, U.S. District Court Judge John C. Coughenour granted MERS’ motion to dismiss in Reid v. Countrywide Bank, N.A., el al., ruling that Plaintiffs’ claims against MERS were speculative at best. In a similar federal court ruling from Washington, Chief U.S. District Court Judge Marsha J. Pechman in Wear v. Sierra Pacific Mortgage Company, Inc. dismissed a wrongful foreclosure complaint against a MERS® System member and other defendants. 

Other Relevant Cases

For descriptions of cases and other materials, please visit www.mersinc.org

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MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.