Never heard of MERS? That’s fine with the mortgage banking industry—as MERS is starting to overheat and sputter. The Mortgage Electronic Registration Systems, MERS, was one of the ways in which the banks laundered counterfeit mortgages. If its many detractors are correct, this private corporation, with a full-time staff of fewer than 50 employees, could turn out to be a very public problem for the mortgage industry.
Judges, investors, and lawmakers are raising questions about MERS, whose private mortgage registry has all but replaced the public land ownership record of the nations. These questions include how MERS can claim foreclosure and titles while it hasn’t invested? The answer to this question has gone further to affect a million homeowners who are striving to keep their homes.
The legal consultant and investigative journalists Dave Krieger revealed a report to provide homeowners with techniques to navigate through the securitization and MERS maelstrom. David explains some problems that are happening across the country with titles. He defines a quiet title saying that most homeowners tend to take it as an option to a clear title. He also talks about the issues that surround MERS that causes many counties, companies and homeowners in trouble. The issue comes in when investors want to purchase a property at the foreclosure auction.
Banks’ use of MERS has opened them up to a number of consumer lawsuits nationwide. Many of those suits challenge financial institutions to produce evidence that they have the right to foreclose. In California, where no court order is required to foreclose on a home, courts have been less open to MERS challenges.
MERS has distanced itself from the dubious behavior of some of its members, and the company itself has not been accused of wrongdoing. But the legal challenges to MERS, its practices, and its records are mounting.
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