Important New Tennessee MERS Opinion IssuedOn an issue of first impression, the Tennessee Supreme Court held on December 12, 2015, that MERS does not have a property interest that is protected under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In Mortgage Electronic Registration Systems, Inc. v. Ditto, the Tennessee Supreme Court held that

Nevada Supreme Court Reverses Course on MERSThe Nevada Supreme Court recently reversed – or at least clarified – the impact of MERS in Nevada under the approach set forth in the Restatement (Third) of Property: Mortgages. The Supreme Court had held in 2012 that at the time the note and deed of trust are “split” between the note holder and MERS

Borrowers Cannot Challenge Mortgage Assignments, Says Nebraska Joining Other StatesAttacking sufficiency, accuracy, or validity of assignments of mortgages and deeds of trust has been among the most common strategies employed by borrowers to challenge foreclosures. Allegations regarding the status of MERS, the legal authority of the individual executing the assignment, and the timing of the assignment’s recording have all been raised and litigated in