MERS by State


MERS can be Plaintiff in a Foreclosure Action as nominee of the lender and/or can assign the mortgage (or deed-in-trust).  (Washington is waffling of late.)
Alabama
Arizona
California
Connecticut
Florida
Georgia
Idaho
Illinois
Kentucky
Maryland
Massachussets
Michigan
Minnesota
Missouri
Montana
Nevada
New Hampshire
New Jersey
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin

Wyoming
MERS could not be Plaintiff in a Foreclosure Action as nominee of the lender but could as Holder of the note. (As of July 22, 2011, this is academic.)
MAINE
NEW YORK
VERMONT
MERS can act upon the instructions of the lender BUT MERS is not a necessary party
ARKANSAS
HAWAII
INDIANA
KANSAS
No case addresses the substantive issue of MERS acting as a Plaintiff in a Foreclosure action or as an assignor of the security interest
Alaska
Colorado
Delaware
Iowa
Louisiana
Mississippi
Nebraska
New Mexico
North Carolina
South Carolina
South Dakota
Tennessee