Banking Law: October 2016 Archives

Massachusetts Appeals Court Reaffirms MERS' Role As Mortgagee

The Massachusetts Appeals Court, in a Rule 1:28 decision, has once again reaffirmed its holdings in Sullivan v. Kondaur Capital Corp., 85 Mass.App.Ct. 202 (2014) and Shea v. Federal Natl' Mort. Assn., et al., 87 Mass.App.Ct. 901 (2015), that the Mortgage Electronic Registration Systems, Inc. ("MERS") system of mortgage assignments comports with Massachusetts law. The Appeals Court further reaffirmed that MERS' status as mortgagee, even "solely as nominee for [lender] and [lender]'s successors and assigns," grants to MERS all the rights and powers of a mortgagee, including the right to foreclose and exercise the power of sale in the mortgage. Epps v. Bank of America, N.A., et al., 15-P-1095, 2016 Mass. App. Unpub. LEXIS 974 (Oct. 11, 2016).

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