Editor: David Reiss
Brooklyn Law School

April 9, 2013

Massachusetts Appellate Court Upholds MERS’ Authority to Assign Mortgage

By Gloria Liu

In Bassilla v. GMAC Mortgage, et al., No. 09-J-519 (Mass. App. Ct. Dec. 4, 2009), Court upheld MERS’ authority to assign the mortgage as the mortgagee. Such authority to assign its mortgage interest was held to exist despite the fact that MERS did not own or hold the underlying promissory note. This Court specifically held that MERS, “the lender’s nominee and record title holder had the ability to make a valid assignment.”

| Permalink