Editor: David Reiss
Brooklyn Law School

December 6, 2012

Kansas Supreme Court Holds that Non-lenders Like MERS Lack Standing to Intervene in Foreclosure Actions

By Gloria Liu

In Landmark Nat’l Bank v. Kesler , 216 P. 3d 158 (KS S. Ct., 2009) MERS appealed a lower court decision that held that a non-lender like MERS is not a contingently necessary party in a mortgage foreclosure action. On appeal the court held that MERS does not have standing to intervene as a necessary party in a foreclosure action initiated by a junior lien holder, because MERS was not the owner of the note or mortgage.

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