Oregon Court of Appeals rules against MERS


Posted on Jul 19, 2012

The court reversed a lower judge's decision. This negatively impacts MERS role as the foreclosing party in Niday v. GMAC Mortgage. However, MERS claims the decision will not impact judicial foreclosures or the "validity of mortgages or deeds of trust recorded in MERS name in Oregon." 

"The immediate impact of this decision is that MERS members will now likely have to proceed judicially with foreclosures, which will ultimately increase costs and be an added burden on the state’s court systems," stated Janis Smith, VP of communications for MERS. 

"MERS validity as beneficiary has been affirmed in 48 prior Oregon rulings, including 30 since this case was filed. We also believe that today’s contradictory ruling will cause confusion in the industry," she concluded.

With this decision, the court essentially threw out MERS suggestion that while working in the non-judicial foreclosure state, the registry can serve as the beneficiary of the trust deed, meeting all of the statutory requirements to foreclose on the property. 

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