Photo Courtesy of SW Rogers Law.

NYS Court Rules MERS Cannot Assign Right to Foreclose

The NY Court of Appeals has issued an opinion regarding the ability of Mortgage Electronic Registration System (MERS) to Foreclose upon residential property.  While not binding in Kentucky, this decision reflects the legal analysis of MERS that is being used by more and more courts around the nation.

I expect that this opinion will be used a guide by both state courts in foreclosure cases and by bankruptcy courts as most of the securitized trusts in the nation are New York legal entities.  To see the opinion and commentary look at

The highlight of the Siverberg opinon is this line, “”Nonetheless, the law must not yield to expediency and the convenience of lending institutions. Proper procedures must be followed to ensure the reliability of the chain of ownership, to secure the dependable transfer of property, and to assure the enforcement of the rules that govern real property.”

If you are facing foreclosure or considering bankruptcy please contact an attorney so that it is possible to assert as many applicable legal defenses as possible to protect your property and your legal rights.

Contact Brian T. Canupp