Washington Supreme Court: MERS cannot obtain foreclosure power without note

Consequently, MERS cannot be the plaintiff in a foreclosure case in Maine. Nonjudicial States and MERS Foreclosures. Some nonjudicial states, such as Washington, have determined that MERS does not have the right to foreclose in those states as well. The Washington Supreme Court ruled that MERS is not considered a beneficiary under state law.

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The glance can be seen at 46 seconds into this video, produced and distributed by a liberal washington advocacy group. making light of the attention drawn by her hand-written hand note was first.

The statutory language and our precedent both establish that under chapter 580 a promissory note assignment by MERS members does not have to be recorded before MERS can commence a foreclosure by advertisement, therefore our response to the federal court’s certified question must be no. Certified question answered in the negative.

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MERS, on whether MERS “has standing to pursue a foreclosure in its own right as a named mortgagee’ with ability to act limited solely as a nominee’ and without any ownership interest or rights in the promissory note associated with the mortgage; whether the prospective mandate of Eaton v.

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Critical NEW case from Alabama Supreme Court on stopping foreclosures The court finally tied it all together by holding that an assignee of MERS’s beneficial interest, in this case Avelo, may invoke the tender rule against a challenge to a foreclosure sale, even though neither MERS nor its assignee possessed the note.

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MERS cannot be a beneficiary in a mortgage chain of title. Here’s the JUICIEST BIT and the piece that many Op/Eds keep missing: MERS cannot act as A BENEFICIARY; Not just to foreclose, but to ***TRANSFER BENEFICIAL INTEREST*** The chain of titles on most mortgages travels from the original lender-to MERS-to foreclosing lender.

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