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Major Oregon Supreme Court ruling undermines MERS, but leaves registry room to challenge

In a ruling the Oregon Supreme Court will soon review, the Oregon Court of Appeals on July 18 issued a major decision.The case, Niday v. Mortgage Electronic Registration Systems Inc., et al, held that MERS, when acting as a nominee for a named lender, is not a beneficiary under Oregon law. The practical effect of the holding is that any trust deed naming MERS the beneficiary may not be foreclosed in the name of MERS by the more expedient nonjudicial method.

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The Rhode Island Supreme Court vacated the Superior Court’s ruling on the following grounds: 1. Despite the fact that dilibero granted mers contractual rights, NCMC was the designated Lender, who later filed bankruptcy and rejected its contractual obligation to MERS as a MERS/MERSCORP member-user of the MERS System.

De Jonge v. Oregon (No. 123) Argued: December 9, 1936. Upon appeal from a judgment of a state supreme court sustaining a conviction, this Court in this case takes the indictment as construed by the court below. P. 360.. which was made and filed after the decision of the Supreme Court of.

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The issue before the Oregon Supreme Court in this matter was whether the Court of Appeals correctly construed the scope of ORS 656.019 in a case arising out of plaintiff’s attempt to allege civil negligence claims against his employer, defendant NuStar GP, LLC, for harm arising out of plaintiff’s exposure to gasoline vapors at work.