9:52 AM » Nevada Supreme Court Concludes MERS is âProper Beneficiaryâ
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Tue, Oct 09 2012 9:52 AM
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MERS
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Unanimous Ruling Affirms MERS' Role as a Beneficiary and Agent for the Lender and its Successors and Assigns FOR IMMEDIATE RELEASE CONTACT: Jason Lobo Phone: 703.652.1660 Email: jasonl@mersinc.org Reston, Virginia, October 1, 2012 -MERSCORP Holdings, Inc. today announced that the seven members of the Nevada Supreme Court recently issued a unanimous opinion that affirms MERS' role in mortgage finance. In Edelstein v. Bank of New York Mellon , Justice James W. Hardesty wrote a detailed decision on behalf of the Court explaining that when MERS serves as the beneficiary of the deed of trust and a different entity holds the promissory note, this does not render either instrument void, and that once the foreclosing lender obtains an assignment from MERS and is the holder of the promissory note, the lender can proceed through the state's Foreclosure Mediation Program. According to the opinion, the language in the deed of trust, indicating that MERS was the beneficiary, was "an express part of the contract that we are not at liberty to disregard." "MERS is capable of being a valid beneficiary of a deed of trust, separate from its role as an agent (nominee) for the lender [ ] such separation is not irreparable or fatal to either the promissory note or the deed of trust, but it does prevent enforcement of the deed of trust through foreclosure unless the two documents are ultimately held by the same party," the Court wrote. "MERS, as a valid beneficiary, may assign its beneficial interest in the deed of trust to the holder of the note, at which time the documents are reunified." Here, because MERS had assigned the deed of trust to Bank of New York Mellon in its role as trustee for Countrywide - which held the promissory note - the Court held that the trust had proper standing to foreclose. "There is no stronger affirmation of MERS' role in housing than a unanimous decision concluding that MERS is the proper beneficiary...