MERS Mortgage Assignment Valid
- 08 August 2016
Rhode Island Superior Court Grants Summary Judgment
FOR IMMEDIATE RELEASE
CONTACT: Janis Smith
Reston, Virginia, August 8, 2016—MERSCORP Holdings, Inc. today announced the Rhode Island Superior Court granted summary judgment in MERS’ favor.
In pdf Mendoza v. Mortgage Electronic Registration Sys., Inc. (177 KB) , the plaintiffs attacked the validity of a MERS assignment by claiming that MERS was not authorized to execute the assignment of a mortgage.
In its decision, the Superior Court determined that the plaintiffs could not support their claim. The Court found that the Rhode Island Supreme Court had already addressed the issue of MERS’ authority in cases similar to Mendoza. The Court’s analysis of the Supreme Court’s ruling in pdf Bucci (171 KB) , was that the borrowers in that case granted the statutory power of sale to MERS and “MERS had the authority to exercise that statutory power of sale and to assign that right to its successors and assigns.” In addition to Bucci, the Court also relied on other Rhode Island Supreme Court cases, such as pdf Cruz (44 KB) and pdf Moura (57 KB) to ultimately rule in MERS’ favor.
“We are pleased with this ruling,” said MERSCORP Holdings Vice President for Corporate Communications, Janis Smith. “It is consistent with Rhode Island law, which is clear that MERS, as the mortgagee, has the right to assign the mortgage.”
For descriptions of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit www.mersinc.org.
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. Users of the MERS® System include thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.