Editor: David Reiss
Brooklyn Law School

April 12, 2013

Texas Court of Appeals Holds that MERS has Standing

By Gloria Liu

Hunt v. MERS, No. 03-10-00031-CV, 2010 WL 3271966 (Tex. Ct. App. Aug. 20, 2010), the court rejected the homeowner’s argument that MERS lacked standing.  The court found that the homeowner did not present any arguments or authorities addressed to the merits but instead purports to challenge  “standing” by alleging that neither MERS, Inc., nor its successor, Deutsche Bank National Trust Company, as Indenture Trustee Under the Indenture Relating to IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2004-1, has “standing” to sue because MERS was listed on the deed of trust for the property as the “nominee” and “mortgagee,” not the “lender.” The court held that the complaint was without merit.

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