July 16, 2013
Minnesota District Court Dismisses Plaintiff’s Fraud Claims and Holds That MERS Had Legal Title and Authority to Foreclose
The Minnesota District Court in Allen v. Wilford & Geske et al.,No. 70-CV-10-29502 (D. Minn. May 9, 2011), after hearing the plaintiff’s contentions, dismissed his complaint for foreclosure fraud. The court held that MERS had legal title and authority to foreclose.
By granting the defendants’ motion to dismiss, the court found that, “MERS was not required to register every assignment of the loan or to track that history in its foreclosure documents…” and “…it was not a misrepresentation for MERS to identify itself as the mortgagee in the foreclosure documents and not to identify all past and present lenders.”
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