Editor: David Reiss
Brooklyn Law School

October 15, 2013

California District Court Holds that Deed of Trust Authorizes MERS to Take Certain Actions

By Gloria Liu

In Wadha v. Aurora Loan Services,  CIV. NO. S-11-1784 KJM KJN (Dist. Ct., E.D. California. Feb 8, 2013), homeowners filed claims for wrongful foreclosure alleging that Aurora Loan Services was never assigned the beneficial interest in the deed of trust and that any assignment that MERS and Aurora claimed occurred was not required as required by the California Civil Code. The court upheld the prior court’s finding that the deed of trust lists MERS as the beneficiary, acting as nominee for the lender, and gives MERS the authority to take certain actions, including instituting foreclosure proceedings.
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