The Utah Court of Appeals affirmed the trial court’s dismissal of Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc. and CitiMortgage, Inc., et al. The appeals court found that the “plain language” of the Utah statute did not bar MERS from acting as nominee for lender and lender’s successors and assigns when the Deed of Trust permits such. Ballard Spahr partner Anthony C. Kaye, who represented MERS, said: “The Court of Appeals’ ruling means that homeowners can’t avoid their mortgages because the loans have been transferred or because the underlying notes have been securitized. This decision mirrors numerous rulings we’ve obtained in state and federal trial courts, but is especially significant as it effectively settles these issues as they relate to homeowners in Utah.”

Related Practices