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Lending / The Ticker

Borrower foreclosure appeal against MERS denied in Texas

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The Supreme Court of Texas recently declined a borrower’s petition for review in her foreclosure case, according to MERSCORP Holdings.

Homeowner Karen Robeson’s complaint claimed that MidFirst Bank sent a non-judicial foreclosure prior to Mortgage Electronic Registrations Systems assigning MidFirst its interest as beneficiary of the deed of trust. The justices didn't agree.

The Supreme Court, in denying review, let a January 5, 2012 Court of Appeals opinion written by Chief Justice Terrie Livingston stand.

The appeal held that "the date of the assignment from MERS to MidFirst is not evidence of the actual date that MidFirst became entitled to authorize enforcement of the lender’s rights in the deed of trust… the… assignment was of MERS’s interest in the deed of trust as beneficiary."

The Chief Justice also made note that the lender, as well as the beneficiary, are given the right to invoke the power of sale as a result of the deed of trust. Justice Livingston stated, "The assignment of MERS’s status as beneficiary under the deed of trust on February 20, 2009, does not contradict MidFirst’s evidence that it succeeded to the rights of the lender under the deed of trust..."

mhopkins@housingwire.com

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