Idaho Supreme Court decision gives MERS court win
The Trotter v. Bank of New York Mellon case out of Idaho's Supreme Court set a precedent in January that helped the Mortgage Electronic Registration Systems obtain the dismissal of a foreclosure case this past week.
Judge Lynn Norton of the Elmore County District Court in Idaho ruled in favor of MERS and Fannie Mae holding that MERS in fact can serve as an agent of a lender and appoint successor trustees while maintaining the power to foreclosure.
The case – Fannie Mae v. Lopez – involved a party subject to a foreclosure who claimed MERS had no authority to foreclose on the property. Yet, the district court ruled for MERS, citing the Idaho Supreme Court's Trotter decision.
Under the umbrella of Trotter, the court held that a foreclosure initiation is okay if done through a beneficiary nominee such as MERS.