Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, Inc.

JIM HANNAH, Chief Justice.

| Mortgage Electronic Registration System, Inc. (“MERS”) appeals a decision of the Benton County Circuit Court denying its motion to set aside a decree of foreclosure and to dismiss the foreclosure action.1 MERS alleges that the circuit court erred in ordering foreclosure because as the holder of legal title it was a necessary party that was never served. We affirm the circuit court and hold that under the recorded deed of trust in this case, James C. East, as trustee under the deed of trust, held legal title. Because MERS was at most the mere agent of the lender…