Editor: David Reiss
Brooklyn Law School

October 3, 2013

Texas Court Plaintiff’s Challenges the Authority of MERS to Assign its Lien Interest to a Successive Party

By Ebube Okoli

The Texas court in Eskridge v. Federal Home Loan Mortg. Corp., No. 6:10-CV-285, (W.D. Tex., 2011) dismissed Plaintiff’s claims to challenges the authority of MERS to assign its lien interest to a successive party.

The plaintiff unsuccessfully argued that she had superior title because the note as well as the deed of trust was split. Further, plaintiff alleged that MERS lacked authority under the note to transfer either the note and/or the deed of trust. Consequently, any transfer made by MERS in regard to the Note to BAC was allegedly void.

However, the court determined that the plaintiff lacked standing to contest the various assignments, as she was not a party to the assignments. The court further reasoned that even if she had standing, her allegations were without merit because MERS was given the authority to transfer the documents in the deed of trust.

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