· 8/12/2010
Mortgage Electronic Registration Systems, Inc. v. Saunders
Citations
- 2010 ME 79
- 2 A.3d 289
- 2010 Me. LEXIS 83
- 2010 WL 3168374
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that MERS lacked standing to initiate judicial- foreclosure action, even though' -the DOT gave, MERS the right to foreclose on the, mortgage as the “mortgagee of record”
- holding that MERS cannot foreclose because it is not a mortgagee under applicable law, and it lacks standing to sue because it does not have an independent interest in the loan; MERS functions solely as a nominee
- finding that the wrong party’s prosecution of a case is an understandable mistake when the Law Court has not previously addressed the party’s standing to foreclose
- “MERS’s only right is to record the mortgage. Its designation as the ‘mortgagee of record’ in the document does not change or expand that right ... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Saufley, Alexander, Levy, Silver, Mead, Gorman, Jabar
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.