Resources

Nevada Supreme Court Continues Trend of Upholding the Legitimacy of MERS

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 the use of MERS somehow invalidates a foreclosure. In both Davis v. U.S. 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.

Should you have any questions about these decisions or need additional information, please contact Thomas Schehr or Alexandra Wolfe, co-authors of this alert, at 313-568-6659 or 313-568-6965, respectively.

For more information about Dykema’s Consumer Financial Services practice, please contact Richard Gottlieb, Director of Dykema's Financial Industry Group, at 312-627-2196.


As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. © 2012 Dykema Gossett PLLC.   

As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. © 2018 Dykema Gossett PLLC.