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EDWARDS v. MORTGAGE ELECTRONIC REGISTRATION

No. 38604-2011.

300 P.3d 43 (2013)

Leslie Jensen EDWARDS, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a foreign corporation; Quality Loan Services Corporation of Washington, a foreign corporation; and Pioneer Lender Trustee Services, LLC, an Idaho limited liability company, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, April 2013 Term.

April 25, 2013.

Attorney(s) appearing for the Case

Wesley W. Hoyt , Clearwater, Idaho, argued for appellant.

Brent R. Lindahl , Fulbright & Jaworski LLP, Minneapolis, Minnesota, argued for respondent Mortgage Electronic Registration Systems, Inc.

Melisa Robbins Coutts , McCarthy & Holthus LLP, San Diego, California, argued for respondents Quality Loan Services Corporation of Washington and Pioneer Lender Trustee Services LLC.

EISMANN, Justice.

This is an action brought by the grantor of a deed of trust to stop nonjudicial foreclosure proceedings based upon the contention that MERS, which was the named beneficiary as nominee for the lender, cannot legally act as the beneficiary. The defendants moved to dismiss this action on the ground that the complaint did not state a claim upon which relief could be granted. The district court agreed and entered judgment in favor of the defendants. We...

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