The state Superior Court has reaffirmed that the mortgage registry MERS has the authority to assign a mortgage.
In Gibson v. Bank of America, a mortgagor had argued that federal rulings say Mortgage Electronic Registration Systems did not have the right to assign his mortgage to several banks. However, writing the opinion for a unanimous three-judge panel of the court, Judge Victor P. Stabile disagreed that the federal cases were on point. Stabile said a 2009 federal decision on a similar dispute and an identical mortgage was contrary to the mortgagor’s arguments.
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