The Docket: Tennessee Supreme Court Ruling in MERS Case May Muddle Marketable, Insurable Title After Tax Deed Sale

February 2, 2016

Christopher Smart, an attorney with the law firm Carlton Fields, provided today’s review of a decision by the Tennessee Supreme Court that held MERS lacks any constitutionally protected interest in property that is subject of a deed of trust, and that a tax sale conducted without notice to MERS does not violate its due process rights. According to Smart, this ruling may create significant confusion and dispute as to what notice of a tax sale is required and what is marketable and insurable title after a tax deed sale.

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