Editor: David Reiss
Brooklyn Law School

December 2, 2012

Federal District Court in Idaho Rules for Bank, MERS, et al. in Finding Trustee was Properly Appointed

By Rafe Serouya

In Van Kirk v. Bank of America, 1:11-CV-00621-BLW-RE, 2012 WL 4524457 (D. Idaho Oct. 1, 2012), the District Court in Idaho agreed with the magistrate judge that, as a valid beneficiary, MERS properly assigned its interest in the deed of trust to Bank of America, which, in turn, properly appointed Northwestern successor trustee. The court found that MERS as beneficiary under the deed of trust does not create a split between the note and the deed of trust, and the agency relationship remains for subsequent parties to whom the note is properly assigned, and thus Northwest was properly appointed and is a valid Trustee of the deed of trust.

| Permalink