Be sure to see the overview of MERS legal cases in the Think Tank:
“As the mortgage meltdown has spread and deepened nationwide, courts must grapple with challenges to efforts to recover on defaulted mortgages. The challenges involve a complex mix of legal concepts and principles. Everything from contract law, state statutory foreclosure law, negotiable instrument law under the Uniform Commercial Code agency, standing and real party in interest issues, to evidentiary and civil procedure issues have been implicated in recent cases. What follows is a survey of the cases analyzing the legal authority of Mortgage Electronic Registration Systems, Inc. (MERS) to act for its constituents in enforcing rights under defaulted mortgages.
Here is the table of contents:
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.: A SURVEY OF CASES DISCUSSING MERS’ AUTHORITY TO ACT
John R. Hooge
Lawrence, KSLaurie Williams
Chapter 13 Trustee
Wichita, KSMortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’
Authority to Act ……………………………………1
John R. Hooge and Laurie WilliamsRecent Decisions From The
Appellate Courts ………………………………..25
Austin L. McMullen
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