General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsU.S. Regulators Examining Departures at Mortgage Registry (MERS)
Disclosure: I am a homeowner that has sued MERS in the state of Pennsylvania. One reason I sued MERS is that they are not a lawful mortgagee under PA statutes which leaves me with a void mortgage clouding my property Title.
http://www.bloomberg.com/news/2014-04-16/u-s-regulators-examining-departures-at-mortgage-registry.html
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"The closely held Reston, Virginia-based firm, a unit of Merscorp Holdings Inc., is also facing scores of lawsuits and state probes that challenge its business model as well as the legality of its filings in hundreds of county courthouses."
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If the use of MERS is found not to be valid, we could be obligated to cure certain defects or in some circumstances be subject to additional costs and expenses, Bank of America reported in a February filing. Our use of MERS as nominee for the mortgage may also create reputational risks for us.
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A large portion of the loans we own or guarantee are registered in MERSs name and the related servicing rights are tracked in the MERS System, Fannie Maes report said, adding that if the firm couldnt function in the same way, lenders could be forced to go back to time-consuming and expensive methods of recording land transfers."
Comment: That time-consuming and expensive methods of recording land transfers is actually the lawful method in PA and many other states which doesnt create a cloud upon Title.
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Beyond Washington, MERS is a target of lawsuits filed by local governments and borrowers. Municipal and county officials accused MERS of cheating them out of filing fees, which was previously a reliable stream of revenue. Other suits have argued it overstepped its authority in foreclosures. MERS has won some victories while other cases remain unresolved. In Pennsylvania, a federal judge has allowed county officials to gather a class-action suit against the firm.
Comment: In PA, one of our county Recorder of Deeds sued MERS to compel them to file all the missing mortgage Assignments in the county land records as required by law and pay the associated fees. The lawsuit is Class Action now. By law those Assignments must be filed within 6 months otherwise the mortgage is fraudulent and void. If you are a Pennsylvania homeowner with MERS in your mortgage, that information should be important to you.
dixiegrrrrl
(60,010 posts)which is that county registars have been cheated out of millions of dollars because the banks and servicers did not bother to legally transfer mortgages and pay the fee each time the loan changed hands.
AND
that even with MERS supposedly doing the tracking, the loan papers are STILL incomplete, which means the loans that were bundled and sold to investors are ....illegal.
So, who gets to un-ravel the millions and millions of mortgages, and of illegal foreclosures, that do not have all the required paperwork?
Further down the article, it suggests that The House might cobble a law together to paste over the problem.
No matter what laws are passed, the damage has been done, much of the needed paperwork is GONE, and cannot legally be replaced.
a word to anyone contemplating getting a mortgage: You need to find out if you are buying a legal title from previous owners, since
"The year 1997 also happens to be when the MERS system began operating."
which means they started to bypass county records, and funny documentation tricks started then.
ms.smiler
(551 posts)defrauding our counties of those billions of dollars and the costs were shifted to us taxpayers.
MERS excels at concealing fraud and has clouded Title to millions of properties regardless of any alleged loan default. I agree with you about missing paperwork which is why document mills and robo-signers exist.
I really wonder what MERS would do if ordered to file the missing Assignments in PA. What dates would they use? If they use a date from the actual year say 2006 but actually file the conveyance in say 2015, its clear from the record the mortgage is no longer valid. Or would they date every missing Assignment within the past 6 months of filing to pretend they were all recently conveyed and remain valid?
If they were ordered to file those missing Assignments, how many fraudulent foreclosures would that reveal in the land records?
I saw this coming which is why Im in court trying to fix my Title. I imagine that one day soon the line behind me will grow rather long.
It figures that a Republican would conceive of a MERS 2 and introduce a bill as though MERS was so wildly successful it deserves a sequel.
We had a sound land records system which is nearly 100% electronic now and still they pretend its somehow so cumbersome to use, phooey they wanted a means to conceal their mortgage and securities fraud.
All we got out of this massive fraud was trashed land records, void mortgages and clouded property Titles.
Somewhere though is a bankster stashing trillions of dollars of our wealth.