Mortgage Electronic Registration Systems (MERS) has emerged as the epicenter of the current mortgage foreclosure crisis, despite the financial and real estate industries’ clamor to keep it out of the conversation. MERS maintains the only records in existence of most sales of mortgages from one bank to another. All MERS records are stored electronically and no paper records are kept.
Nearly all major mortgage banks are “members” of MERS, either directly or through subsidiaries. THE PUBLIC IS NOT PERMITTED ACCESS TO MERS RECORDS. Without access to MERS records, it is impossible for home owners (or prospective home buyers) to review the electronic transactions and determine which bank currently owns the mortgage on the home.
The mainstream media recently reported that MERS records and documents are fraught with errors. Incorrect MERS records can cause at least three terrible things to happen: (1) a home owner may be foreclosed upon by a bank that doesn’t own the mortgage and promissory note; not only is the person’s home stolen by a bank that had no right to foreclose, but the real owner of the promissory note can sue the former home owner later for the full amount owed on the loan; (2) home owners who sell their homes voluntarily may pay off their mortgage to a bank that doesn’t own the loan; again the real owner of the mortgage loan can sue the seller later; and (3) banks selling foreclosed homes may not actually own them because the foreclosure was illegal; this means that 20 years down the road when the foreclosure sale buyer wants to sell the home, they may find out that they never owned it, or worse yet, the real owner could show up after the sale and sue to get the property back.
For information on how the LeNoir Law Firm can protect you against catastrophic real estate transactions caused by incorrect MERS mortgage transfer records, please contact our office.
LENOIR LAW FIRM
461 Central Park West
New York, New York 10025
Office: (212) 531-0284
Important information: This is an advertisement for legal services. It contains no legal advice and makes no representation as to the outcome of any legal matter. The information in this advertisement may not apply to your individual situation and should not be relied upon for any purpose.
LENOIR LAW FIRM, PLLC
2585 Broadway, Suite 251
New York, NY 10025
Important information: This website and blog are legal advertising. They contain no legal advice and make no representation as to the outcome of any legal matter. The information on this website and blog may not apply to your individual situation and should not be relied upon for any purpose. If you have a legal question or need legal assistance, please consult with an attorney.