The case of Jewelean Jackson, et al. v. Mortgage Electronic Registration Systems, Inc. (MERS), et al., was an ambitious but completely unsuccessful legal challenge to the way that mortgages are foreclosed statewide. Plaintiffs, represented by Legal Aid and others, pleaded that assignments of the promissory notes, which memorialize the financial obligation for which mortgages serve as the collateral, must be recorded with the county. Otherwise, they contended, MERS does not have a legal right to foreclose.
The case is before U.S. District Court Judge Joan N. Ericksen (D. Minn.). Judge Ericksen certified the question to the Minnesota Supreme Court, which ruled in MERS’ favor. Plaintiffs’ cases are gutted; it is time to dismiss but one of the plaintiffs cannot be found. Counsel for MERS has sought guidance from the Court later this morning as to how best to handle the situation.