MERS

Discusses the implications of a landmark decision — Landmark National Bank v. Kesler - on 8/28/09 by the Supreme Court of Kansas holding that Mortgage Electronic Registration Systems, Inc. (otherwise known as “MERS”) has no standing to commence a foreclosure action as to a home mortgage registered with it, and that when MERS transfers title to the mortgage the assignee may not get good title to the mortgage, which means that the assignee also may not have standing to foreclose. This is truly a landmark case that is going to be featured in more than half of the defended foreclosures in the US and is a basis for obtaining remedies for wrongful foreclosure by homeowners who have already lost their homes to unopposed judicial or non-judicial foreclosures. This decision is so important that it overwhelms anything the Obama administration or Congress may try to do for mortgage-oppressed homeowners.

Actual Lawsuit