12:52 AM » First Circuit Court of Appeals Rules MERS "Faithful" to "Mortgage Law"
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Wed, Feb 20 2013 12:52 AM
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Distinguished Panel Holds that MERS' "had the authority twice over to assign" Reston, Virginia, February 19, 2013- MERSCORP Holdings, Inc. today announced that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued a ruling favorable to Mortgage Electronic Registration Systems, Inc.'s role and authority as mortgagee by affirming a U.S. District Court dismissal in Culhane v. Aurora . " MERS' role as mortgagee of record and custodian of the bare legal interest as nominee for the member-noteholder, and the member-noteholder's role as owner of the beneficial interest in the loan, fit comfortably with each other and fit comfortably within the structure of Massachusetts mortgage law," Senior Circuit Judge Bruce M. Selya wrote on behalf of the panel. "[T]here is no reason to doubt the legitimacy of the common arrangement whereby MERS holds bare legal title as mortgagee of record and the noteholder alone enjoys the beneficial interest in the loan." The panel also held that MERS' use of signing officers complies with Massachusetts law. Judge Selya was joined by Chief Judge Sandra L. Lynch and the Honorable David H. Souter, Associate Justice (Ret.) of the U.S. Supreme Court, sitting by designation. While the panel did rule that in Massachusetts a homeowner may, in limited circumstances, challenge a mortgage assignment, it cautioned, however, that such circumstances were limited to where the challenge was being made against an "invalid, ineffective, or void" assignment. In November 2011, Judge William G. Young of the U.S. District Court for the District of Massachusetts dismissed this case . "The Court holds that there was no flaw in this process. Under Massachusetts law, MERS lawfully held the legal title to Culhane's mortgage in trust first for Preferred and subsequently for Deutsche," Judge Young wrote. "ven after the most careful scrutiny, it appears that MERS works...