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Is a MERS deed assignment from a mortgage broker company whose been out of business 4 years valid?

Denton, TX |

Refi closed in mortgage brokering company's name. Loan {note} immediately (same day) transferred to funding lender MIT also out of business. Note endorsed to subsidiary of current servicer who endorsed in blank DOT says "beneficiary is MERS solely as nominee for Lender, hereinafter defined, and lendor's successors and assigns. MERS holds only legal title to the interests granted by the Borrowers in this security instrument if necessary to comply with law or custom, MERS (as nominee for Lender & Lender's successors and assigns) has right to exercise any or all interests including but not limited to right to foreclose, sell the Property & take any action required of Lender including but not limited to releasing or cancelling this security instrument. {pages 1-2 FHA Texas Deed of Trust, 2003}

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Attorney answers 2


These are very fact intensive and complex matters, beyond the time and scope of this site. There's been a great deal of litigation nation wide with regards to these assignments, and many have been successful. However, you need to consult a real estate or foreclosure lawyer right away.

The opinion expressed by the attorney is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or to the attorney's opinion does not create an attorney-client relationship between the questioner and the attorney.


Generally the lien will be found to be valid if challenged in court.

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