MERS Loans In Washington Must Now Be Foreclosed Judicially

In Bain vs. MERS, August 16, 2012, the Washington Supreme Court states:

A plain reading of the statute leads us to conclude that only the actual holder of the promissory note or other instrument evidencing the obligation may be a beneficiary with the power to appoint a trustee to proceed with a nonjudicial foreclosure on real property. Simply put, if MERS does not hold the note, it is not a lawful beneficiary.

The apparent effect of this ruling is that in the future all MERS loans will have to be foreclosed judicially.

Read the case at:

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