Two More MERS Cases Decided

Two more courts have upheld the validity of mortgagernassignments passed through the Mortgage Electronic Registration System (MERS).  Two judges, both in the U.S. District Court inrnHawaii ruled against the plaintiffs in two separate cases challengingrnforeclosures on the grounds of fraudulent assignments.</p

In Caraang v. AurorarnLoan Services and in Federal NationalrnMortgage Association V. Kamakau the judges each ruled separately that thernborrower’s could not dispute the validity of the assignments because they werernnot party to the assignments of the note and/or mortgage and were not thernintended beneficiaries.  </p

These are the second and third out of five recent cases involvingrnMERS assignments where the decision has hinged on the standing of the plaintiff.

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