12:07 PM » MERS' Role as Beneficiary Consistently Upheld by Federal Courts in Idaho
Published
Thu, Oct 11 2012 12:07 PM
by
MERS
-
Email
Link
-
Share
Facebook
LinkedIn
Digg
Google Plus
StumbleUpon
del.icio.us
MySpace
Yahoo! Buzz
-
-
Three Recent Decisions Cite Established Idaho Law Affirming MERS' Rights FOR IMMEDIATE RELEASE CONTACTS: Jason Lobo Phone: 703.652.1660 Email: jasonl@mersinc.org Reston, Virginia, October 11, 2012 -MERSCORP Holdings, Inc. today announced that the United States District Court for the District of Idaho recently ruled in favor of Mortgage Electronic Registrations Systems, Inc. (MERS) and other Defendants in three (3) different matters. These rulings follow four similar decisions in September 2012. In each of the rulings below, the Court again rejected Plaintiffs' challenges to MERS' role as trust deed beneficiary and its authority to assign the deed of trust to the foreclosing lender. The Courts also rejected Plaintiffs' claims that MERS caused the promissory note to become "split" from the trust deed or that Defendants must produce a copy of the Plaintiffs' original promissory note to foreclose non-judicially under Idaho law. In Van Kirk v. Bank of America Corporation , Chief Judge B. Lynn Winmill adopted Judge Ronald E. Bush's recommendation to grant the Defendants' motion to dismiss on all but one count. Judge Winmill subsequently dismissed the final count himself finding that the Defendants complied with the non-judicial foreclosure statute. "In reaching his recommendation, Judge Bush correctly rejected Plaintiff's argument..." Judge Winmill held. "MERS is a valid beneficiary, as explained in section C2 of the Report and Recommendation from Judge Bush. Any argument to the contrary has been rejected by multiple jurisdictions, including the District of Idaho and the Ninth Circuit." In Purdy v. Aegis Wholesale Corporation , Judge Bush recommended dismissal of all but one count of the Plaintiff's complaint; however in his order adopting Judge Bush's recommendation District Judge Edward J. Lodge ordered a dismissal of the one remaining...