Reston, Virginia – May 20, 2013 – (RealEstateRama) — MERSCORP Holdings, Inc. today announced that Justice Brian T. Tucker of the New Hampshire Superior Court ruled in favor of Mortgage Electronic Registration Systems, Inc. (MERS), dismissing a borrower’s “difficult to decipher” claim that transfers of his promissory note while MERS held the mortgage created a cloud on his title. The borrower also cited other allegations of fraud.
In Bennett v. MERS, Justice Tucker, citing the U.S. Court of Appeals for the First Circuit’s ruling in Culhane v. Aurora Loans Services, held that “[t]he fact that the Note has been transferred does not affect MERS’s status as mortgagee, since it operates under a system in which it remains as mortgagee if the note is sold by one MERS member to another.”
The Plaintiff asserted that failure to record transfers of the note while MERS held the mortgage rendered the MERS mortgage unenforceable, together with other unspecified acts of fraud, left MERS’ interest in the property void. Justice Tucker was unconvinced and found that “the mortgage says the Note may be sold and that MERS will remain as mortgagee for [the original lender’s] ‘successors and assigns.’ ”
“There should be no surprise by Justice Tucker’s decision since MERS’ authority as mortgagee and nominee are identified in the mortgage, which borrowers sign and agree to at closing,” MERSCORP Holdings’ Director for Corporate Communications Jason Lobo said.
For description of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit www.mersinc.org.
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.
Email: jasonl (at) mersinc (dot) org