Mortgage Electronic Registration Systems v. Garnett

By Judge Daniel R. Bouton

The court has now had an opportunity to review in its entirety the record in this case. The written arguments submitted by counsel have also been evaluated. Finally, the court has studied the cases and authorities cited by both sides.

For the reasons set forth below, the Mortgage Electronic Registration Systems (MERS) deed of trust will be equitably subordinated to the Bank of America deed of trust that was in the original principal amount of $200,000.00. The ruling will place MERS in a first lien position that has priority over the life estate of the Garnetts.…