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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.