March 28, 2013
Indiana Superior Court Upholds MERS’ Right to Assign
The Bank of New York Mellon v. Michael R. Green, Case No. 41D01-0901-MF-00027, Johnston Superior Court (Sept. 20, 2010), held that Bank of New York Mellon‘s mortgage is enforceable and that MERS as the mortgagee, had the right to assign the mortgage. Additionally, the court found that there is no disconnection between the note and mortgage since MERS was defined as both mortgagee and nominee for Fremont, the lender, and Fremont‘s successors and assigns and acted in accordance with the terms of the mortgage.
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