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Partial winOther statePending attorney reviewWho may foreclose (standing & assignments)Trustee duties & deed-of-trust terms

Bain v. Metropolitan Mortgage Group, Inc.

Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012)

Court
Supreme Court of Washington
Decided
2012-08-16
Docket
86206-1; 86207-9

What happened

Federal courts asked Washington's high court whether MERS could be a lawful "beneficiary" under the state's deed-of-trust law when it never held the note.

What the court decided

The court held MERS is not a lawful beneficiary under Washington's Deed of Trust Act if it never held the note, and that misrepresenting its status may support a consumer-protection claim. It did not decide the consequences for any particular foreclosure.

Why it may matter to you

It shows a state high court reading its foreclosure statute strictly to protect homeowners.

Why it might not apply

Washington law; Texas statutes expressly allow a book-entry system like MERS to act as mortgagee.

Most useful when

  • Your deed of trust names MERS as beneficiary

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012)Short formBain, 175 Wash. 2d 83

Draft — check it with free legal aid before you file or say it in court.

In Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012), the court held that MERS is not a lawful beneficiary under Washington's Deed of Trust Act if it never held the promissory note. Here, [say in one sentence what happened in your case]

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