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MERS Concerns Extend to Commercial Real Estate

By Implode-Explode Heavy Industries

". Although we?ve touched on the problems posed by MERS, if you?ve screwed up on conveying the note in a RMBS, you are very badly stuck. MERS related problems are rounding error. But that isn?t to minimize the problems MERS has created separately, particularly with the integrity of local records, and the way MERS has been abused in court proceedings. Specifically, and bizarrely, foreclosures are often made in the name of MERS. In 45 states, the note is the critical document, and the lien, which is what is registered at MERS, has no independent status. It is the noteholder that has to foreclose, not a mere computer registry for the mortgage. Increasingly, state courts are taking a very dim view of MERS foreclosures."

Full post as published by Mortgage Lender Implode-o-Meter on October 27, 2010 (boomark / email).