(a) An assignment, satisfaction, release, or power of attorney to foreclose is entitled to be recorded in the office of the county recorder or filed with the registrar of titles and is sufficient to assign, satisfy, release, or authorize the foreclosure of a mortgage if:
(1) a mortgage is granted to a mortgagee as nominee or agent for a third party identified in the mortgage, and the third party's successors and assigns;
(2) a subsequent assignment, satisfaction, release of the mortgage, or power of attorney to foreclose the mortgage, is executed by the mortgagee or the third party, its successors or assigns; and
(3) the assignment, satisfaction, release, or power of attorney to foreclose is in recordable form.
The county recorder and registrar of titles shall rely upon this assignment, satisfaction, release, or power of attorney to foreclose to assign, satisfy, release, or foreclose the mortgage.
(b) This section applies to any mortgage, assignment, satisfaction, release, or power of attorney to foreclose executed, recorded, or filed before, on, or after August 1, 2004.
Notes of Decisions
Jackson v. Mortg. Elec. Reg. Sys., Inc., 770 N.W.2d 487 (Minn. 2009).
· cites it 16× “The MERS statute provides that: An assignment, satisfaction, release, or power of attorney to foreclose is entitled to be recorded in the office of the county recorder or filed with the registrar of titles and is sufficient to assign, satisfy, release, or authorize the…”
Wolff v. Bank of New York Mellon, 997 F. Supp. 2d 964 (D. Minnesota 2014).
· cites it 13× “Plaintiffs also claimed that the foreclosure was invalid on the basis: (1) there was no “of record” evidence of Geske’s authority to sign the October 23, 2009 Assignment of Mortgage on behalf of MERS in violation of Minn.Stat. §§ 507.413 and 580.05; (2) there was no “of record”…”
Kebasso v. BAC Home Loans Servicing, LP, 813 F. Supp. 2d 1104 (D. Minnesota 2011).
· cites it 2× “Minn.Stat. § 507.413 (emphasis added). The plain language of the statute does not require authorization from the lender before the mortgagee can assign the mortgage.”
Cnty. of Ramsey v. MERSCORP Holdings, Inc., 962 F. Supp. 2d 1082 (D. Minnesota 2013).
· cites it 2× “2d at 494 ("By passing the MERS statute [Minn.Stat. § 507.413], the legislature appears to have given approval to MERS’ operating system for purposes of recording.”
— Minn. Stat. § 507.413(a) — 2 cases
Jackson v. Mortg. Elec. Reg. Sys., Inc., 770 N.W.2d 487 (Minn. 2009).
“The MERS statute provides that: An assignment, satisfaction, release, or power of attorney to foreclose is entitled to be recorded in the office of the county recorder or filed with the registrar of titles and is sufficient to assign, satisfy, release, or authorize the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.