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U.S. Bank, N.A. v. Burns

Missouri Court of Appeals

406 S.W.3d 495 (2013)

Relevant factsFree

Jeana Burns (defendant) obtained a loan from Aegis Funding secured by a deed of trust naming Aegis's nominee, MERS, as beneficiary, with the deed containing an incorrect property description that carried over when Aegis assigned it to U.S. Bank (plaintiff). U.S. Bank sued Burns to reform the deed and correct the description, and the trial court granted summary judgment; Burns appealed, arguing the bank had no right to enforce the deed of trust because MERS wasn't a party to the underlying note, making its transfer to the bank invalid.

IssueFree

Whether a party entitled to enforce a promissory note is also entitled to enforce the deed of trust securing that promissory note.

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