Montana Court Rejects Wrongful Foreclosure Complaint

A Montana court rejected claims from plaintiffs of wrongful foreclosure and ruled in favor of ""Mortgage Electronic Registration Systems, Inc."":http://www.mersinc.org/ (MERS) and other defendants.

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In the case _McCarthy v. Capitol Commerce Mortgage Co._, Judge John C. Brown of the Montana 18th Judicial District Court dismissed the plaintiffs' three-count argument, which asserted their loan actually wasn't a loan, challenged the role of MERS (specifically the assignments of the deed of trust), and claimed the defendants ""are required to show the entire chain of title of the note and the entire chain of title of the mortgage,"" according to court documents.

After reviewing the complaint, the court determined ""all statutory prerequisites for nonjudicial foreclosure were met and that Defendants had the right to commence foreclosure proceedings as a matter of law.""

""[N]umerous Montana trial courts have consistently upheld MERS' legal capacity to exercise the rights granted to it by borrowers in a deed of trust, consistent with the findings of other courts around the nation,"" Judge Brown wrote. ""Montana law permits MERS to act as nominee for the lender in exercising the rights of a beneficiary under § 71-1-303, MCA, as the Deed of Trust expressly provides in this case.""