Landmark National Bank v. Kesler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing the possibility of a mortgage and note split
• denying motion to set aside foreclosure because the record lacked evidence as to whether MERS suffered prejudice and would have had a meritorious defense and ruling -6- that MERS suffered no injury
• describing MERS as a straw man rather than an agent of the lender
• MERS was not a party in interest because of its status as nominee for a lender
• “Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default.”
• “[I]n the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable’'

Source: CourtListener parenthetical corpus (CC0).