Tuesday, September 20, 2005

Pinellas MERS case

MERS OR MIRAGE?

A company called MERS (Mortgage Electronic Registration Systems, Inc.) has been increasingly active as the "nominee" for various mortgage lenders in mortgage foreclosure suits. Reports from consumer lawyers across the country suggest that MERS doesn't have a lot of information about the loan available when asked about the account history.

Consumer Lawyers are starting to challenge the standing of MERS to file foreclosure suits. They argue that MERS is not the "real party at interest"; that is, MERS doesn't own the loan, and therefore doesn't have standing to sue.

The case linked below is the first case that I've seen that has resulted in a MERS suit being thrown out based on MERS's lack of standing to foreclose.




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