Massachusetts. In Culhane v. Aurora Loan Services of Nebraska, the United States District Court for the District of Massachusetts late last week granted the defendants motion for summary judgment, finding that Aurora, as holder of the plaintiffs mortgage by assignment from Mortgage Electronic Registration Systems Inc., and as the servicer of the loan, could exercise the statutory power of sale and foreclose under Massachusetts laws. U.S. District Court Judge William G. Young held MERS may serve as the mortgagee as the lenders nominee, MERS has the authority and right, and may assign mortgages in which it is named as the mortgagee, and such mortgages are valid and enforceable. Further, the judge concluded that, The court holds that there was no flaw in this process. Under Massachusetts law, MERS lawfully held the legal title to Culhanes mortgage in trust first for Preferred and subsequently for Deutsche.