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. âCourts 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 said Janis Smith, MERSCORPâs VP of corporate communications in a statement announcing the Supreme Courtâs 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.