How many times have you seen opposing counsel argue in a Motion to Dismiss that MERSCORP, Inc. should not be a Defendant in the lawsuit? They allege, for example: “Plaintiffs do not allege that they had any dealings with Defendant MERSCORP, nor that Defendant MERSCORP is a party to or drafted any of the documents relative to their loan, or took any action against them?”  Well, folks – MERS and MERSCORP, Inc. are apparently one-in-the-same… it appears to be a “dba” at best…. New evidence, anybody? [Ed. note: I stand corrected referring to the comment below; not even “dba” is adequate.  See AMERICA WHOLESALE LENDER v. PAGANO stating,“We conclude that, because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case.” Check your state and local case law.]

The U.S. Patent and Trademark Office documents a MERS “name change” … Continue reading →