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

Missouri Court of Appeals
406 S.W.3d 495 (2013)


Jeana Burns (defendant) obtained a loan from Aegis Funding Corporation in exchange for a promissory note to pay back the loan, secured by a deed of trust to property Burns owned. The deed of trust listed Aegis’s nominee, Mortgage Electronic Registration Systems, Inc. (MERS), as the beneficiary. The deed of trust contained an incorrect description of the property. Aegis assigned the deed of trust to U.S. Bank, National Association (plaintiff). The assignment contained the same incorrect description of the property. The bank brought suit against Burns seeking to reform the deed of trust and the assignment to correct the property description. The trial court granted the bank summary judgment. Burns appealed, arguing the bank did not have a right to enforce the deed of trust because MERS was not a party to the note and thus its transfer of the note to the bank was invalid.

Rule of Law


Holding and Reasoning (Gaertner, J.)

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