Mortgage Electronic Registration Systems Tag

21 Sep Landmark Decision Creates Foreclosure Defense in Kansas

The Kansas Supreme Court ruled in Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, that MERS, a company designated as nominee on millions of real estate security instruments, has no standing and can not initiate or maintain an action to foreclose a defaulted loan. A private company, MERS was created by a combination of banks and government sponsored enterprises to facilitate electronic registration and transfer of real estate instruments. The name MERS, an acronym for Mortgage Electronic Registration Systems, describes the reason for its creation and its limitation as an entity. This is another nail in the coffin for MERS. Beginning in Florida, with similar cases in Ohio and New York, courts around the country are rejecting MERS as a real party in interest before the court. In a recent Washington bankruptcy court case, the judge was particularly blunt about his rejection of MERS.
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