Even though the court accepted the premise that notes could be transferred readily, which was one of the legs of the argument MERS advanced as to why it did not need to record mortgages, it rejected the notion that it meant mortgages weren't subject to the state recording law... As Georgetown law professor, Adam Levitin, said succinctly by e-mail, "MERS hasn't lost a case like this before." Damages are to be awarded in a jury trial. Note that this case did not decide the validity of mortgages in the MERS system, but you can be sure that borrower attorneys are planning to file a boatload of cases on the back of this decision.


This case is certain to be appealed. Not only is MERS facing a possibility of a very costly award, but this also increases the odds of suits in state where title does not pass to the borrower until the mortgage is paid off in full (aka "title theory states")

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