This article posted on our partner site Mondaq.com deals with foreclosure actions in Maine and the apparent limitation of the ability of MERS (Mortgage Electronic Research System) to assign more than the right to record the mortgage as nominee. Unlike promissory notes, mortgages are not negotiable instruments, and ownership must be shown in order to be able to foreclose. For more details on Maine foreclosure processes and the specific wording regarding the elements of a mortgage, click the link above.

 

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