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Alabama Supreme Court rules in favor of MERS

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The Alabama Supreme Court ruled Mortgage Electronic Registration Systems has standing to foreclose when it is nominee for the owner of an underlying debt and holder of the original mortgage note. The state's highest court affirmed a lower court's opinion that found MERS is holder of the legal title to a mortgage, and as nominee can initiate a foreclosure under Alabama law. The plantiff in MERS v. Henderson initially claimed the company lacked standing to foreclose because it didn't "present legal right to enforce the mortgage." Write to Kerri Panchuk.

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