Editor: David Reiss
Brooklyn Law School

December 6, 2012

Florida Third District Court of Appeals Holds that MERS has Standing to Foreclose because no Rights are Affected

By Gloria Liu

In MERS, Inc. v. Revoredo, 955 So.2d 33 (FL 2d DCA, 2007), MERS brought a foreclosure action against plaintiffs, based on a note of which it was the holder. MERS did not “own” the note even though it was called the “mortgagee” on the mortgage note. The Florida trial court dismissed the action for lack of standing.  On appeal, the Florida appellate court held that MERS has standing to foreclose in Florida because “no substantive rights, obligations or defenses are affected by the use of the MERS device.” The court also did not find any distinction between being the “holder” or “owner” of a note.

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