The U.S. Supreme Court denied review of a case brought against Mortgage Electronic Registration Systems by a California man, the Court announced Tuesday.
Gomes v. Countrywide is the first major MERS case filed with the Supreme Court, according to Jose Gomes’ attorney, Ehud Gersten. The case centered on the issue of whether MERS had a right to foreclose on the homeowner without proving it had the noteholder’s authority to foreclose.
“If the Supreme Court starts to question MERS, and its business structure, it is going to have an effect on every MERS case in the country.”
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A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation’s highest court.
If the Supreme Court agrees to hear Gomes v. Countrywide, Gomes’ attorney, Ehud Gersten, says the court will have to decide whether a lower court stripped his client, Jose Gomes, of due process by allowing MERS to foreclose without ensuring the registry had the noteholder’s authority to foreclose.
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