Two More MERS Cases Decided

Two more courts have upheld the validity of mortgage assignments passed through the Mortgage Electronic Registration System (MERS).  Two judges, both in the U.S. District Court in Hawaii ruled against the plaintiffs in two separate cases challenging foreclosures on the grounds of fraudulent assignments.

In Caraang v. Aurora Loan Services and in Federal National Mortgage Association V. Kamakau the judges each ruled separately that the borrower's could not dispute the validity of the assignments because they were not party to the assignments of the note and/or mortgage and were not the intended beneficiaries. 

These are the second and third out of five recent cases involving MERS assignments where the decision has hinged on the standing of the plaintiff.