The Oklahoma Court of Appeals has handed MERS another major defeat in its decision in the case BAC Home Loans v. White. The case was filed on December 3, 2010, and has been released for publication, but at the date of this post hasn't yet been officially published. Neither is the text of this decision yet posted at the Oklahoma Courts web site, though the disposition IS noted on the Docket:
I have posted the full text of the decision at the Scribd web site:
Though the Court expressly rejects the theory that MERS could be an owner of a bi-furcated mortgage, thereby presumably setting aside the possibility that a holder of the note might have an unsecured debt, the ruling would seem to indicate that any of the forged mortgage assignments commonly fabricated for use in evidence in Oklahoma are NULLITIES.
Take a look! Your comments and insights are solicited and appreciated!