In a ruling the Oregon Supreme Court will soon review, the Oregon Court of Appeals on July 18 issued a major decision.The case, Niday v. Mortgage Electronic Registration Systems Inc., et al, held that MERS, when acting as a nominee for a named lender, is not a beneficiary under Oregon law. The practical effect of the holding is that any trust deed naming MERS the beneficiary may not be foreclosed in the name of MERS by the more expedient nonjudicial method.

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Law Center Supports Appeal to Supreme Court in MERSCORP Case The Public Interest Law Center recently prepared an amicus brief in a Commonwealth Court case brought by several counties and county recorders of deeds to challenge the MERS system.

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Maine Supreme Court Decision Limits Scope of MERS’ Ability to Assign Mortgages. July 14, 2014. The full effect of the court’s decision in greenleaf remains unknown, particularly to the extent that it does not discuss or identify the procedure for addressing or correcting similar MERS assignments in pending or prospective matters.

The Massachusetts Supreme Judicial Court has released another important decision relating to foreclosure in Massachusetts. The case, Galiastro v.MERS, was filed by homeowners against the mortgage electronic registration systems (also called MERS).The homeowners attempted to obtain a restraining order preventing MERS from foreclosing on their home.