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· 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 CourtListener

Sourced 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.