Decision states that if MERS is listed as the nominee mortgagee and the foreclosure by advertisement is commenced in MERS’s name, the foreclosure is invalid. Any person who has had their home foreclosed needs to check to see if MERS was listed as the foreclosing party. If they were, when your redemption period ends, you have a defense that can keep you in your home. If you have already vacated the property, you may have a claim that can be pursued. For the complete text of the case, Click on Residential Funding v. Suarman.