first tuesday case in point: Know thine enemy – an analysis of MERS

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The highly contentious Mortgage Electronic Registration System (MERS) has made numerous courtroom appearances since its inception, the question for homeowners being: does MERS have the authority to initiate foreclosure? We explore the answer through the lens of the recent case decision, In re Cedano.

Facts: A homeowner took out a home loan, executing a promissory note secured by a trust deed naming Mortgage Electronic Registration Systems (MERS) as the named beneficiary. The loan was sold on the secondary mortgage market and MERS substituted trustees when the homeowner went into default. The home was later sold by the substitute trustee at a trustee’s sale.

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