Nevada Supreme Court continues the trend of upholding the legitimacy of MERS

9 Mar

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, March 09, 2012 6:30 AM
To: Charles Cox
Subject: Nevada Supreme Court continues the trend of upholding the legitimacy of MERS

· Dykema Gossett PLLC

· Alexandra J. Wolfe , Thomas M. Schehr and Jeffrey E. Jamison

· USA

·

· March 2 2012

·

In two separate cases the Nevada Supreme Court has upheld the validity of a mortgage assignment from MERS and rejected borrowers arguments that use of MERS somehow invalidates a foreclosure. In both Davis v. US Bank, Nat. Ass’n, No. 56306, and Volkes v. BAC Home Loans Servicing, LP, No. 57304, the Court rejected the contention that a MERS-generated assignment is insufficient to establish the ownership of a loan. The appellants argued that the assignment was invalid solely because it was generated by MERS and that MERS is a sham or fraud entity. The Court specifically rejected this argument, citing numerous opinions from courts in Nevada and across that nation that have recognized MERS as having a legitimate business purpose.

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