Think this is the nail in the coffin for further challenges to "noteless" mortgage foreclosures. Supreme Court Declines to Review MERS Challenge "The United States Supreme Court has denied a writ of certiorari in a case involving MERS, refusing to reconsider a California court ruling, which upheld MERSâ€™ right to initiate foreclosures. â€śCourts in California have ruled consistently that MERSâ€™ legal standing as beneficiary gives MERS the authority under state law to take action on behalf of the owner of the note,â€ť said Janis Smith, MERSCORPâ€™s VP of corporate communications in a statement announcing the Supreme Courtâ€™s denial of the case." Supreme Court Declines to Review MERS Challenge The longer this drags on, the longer real estate will suffer. So this isn't a bad thing.