Blayne V. Scofield | Bloomberg Law Culhane v. Aurora Loan Services of Nebraska, No. 11-cv-11098, 2011 BL 299995 (D. Mass. Nov. 28, 2011) Massachusetts federal Judge William Young's November 28, 2011 opinion in Culhane v. Aurora Loan Services of Nebraska is notable for several reasons. First, Judge Young concludes that an assignment executed by a dual employee of the Mortgage Electronic Registration System (MERS) and the assignee is effective under Massachusetts law. Second, Judge Young devotes a substantial portion of the decision (which includes a footnote spanning six pages) to reflecting on the role of MERS in the foreclosure process. Third, this marks the second recent opinion from Judge Young that aggressively challenges foreclosure practices under Massachusetts law.
MERS and Dual Employees
Assignment Executed by Dual Employee Was Valid under Massachusetts Law
Judge Young's View of MERS
Other Challenges to Dual Employee Structure
Judge Young and Massachusetts Foreclosure Law
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