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MERS v. SOUTHWEST HOMES OF ARKANSAS

No. 08-1299.

301 S.W.3d 1 (2009)

2009 Ark. 152

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., Appellant, v. SOUTHWEST HOMES OF ARKANSAS, INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 23, 2009.

Attorney(s) appearing for the Case

Keith, Miller, Butler, Schneider & Pawlik, PLLC, by: G. Nicholas Arnold, and R. Austin Oyler, Rogers, for appellant.

Stockland & Trantham, P.A., by: Thomas D. Stockland, Fayetteville, for appellee.

JIM HANNAH, Chief Justice.

Mortgage Electronic Registration System, Inc. ("MERS") appeals a decision of the Benton County Circuit Court denying its motion to set aside a decree of foreclosure and to dismiss the foreclosure action.1 MERS alleges that the circuit court erred in ordering foreclosure because as the holder of legal title it was a necessary party that was never served. We affirm the circuit court and hold that under the recorded...

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