Culhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
- Court
- United States Court of Appeals for the First Circuit
- Decided
- 2013-02-15
- Docket
- 12-1285
What happened
Ms. Culhane challenged a Massachusetts foreclosure, arguing the MERS assignment to the foreclosing servicer was invalid.
What the court decided
The First Circuit held the homeowner had standing to contest the assignment, but upheld the MERS framework and the foreclosure.
In the court's words
“the mortgagor has standing to contest the validity of the mortgage assignment made by MERS to the foreclosing entity”
Why it may matter to you
You may question the assignment — but MERS alone is not a defect.
Why it might not apply
Applies Massachusetts law; binding only in the First Circuit.
Most useful when
- Your mortgage names MERS and you question who may foreclose
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.
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)Short formCulhane, 708 F.3d 282Draft — check it with free legal aid before you file or say it in court.
In Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013), the court held that a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful. Here, [say in one sentence what happened in your case]
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