Eaton v. Federal National Mortgage Association

Henrietta Eaton (plaintiff) had a mortgage naming MERS as mortgagee that was later assigned to Green Tree Servicing (defendant), with the assignment recorded but no evidence the underlying promissory note was ever transferred to Green Tree. After Eaton defaulted, Green Tree foreclosed and sold the property to Fannie Mae (defendant), which sought to evict Eaton; Eaton counterclaimed that the sale was void because Green Tree held only the mortgage, not the note, and the trial court enjoined the eviction.