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1.4.5 Mortgage Electronic Registration System (MERS)

The Mortgage Electronic Registration System (MERS) is a privately owned electronic registry and clearinghouse established to track mortgage ownership and servicing rights. For many home loans MERS, as “nominee” for the lender, is the mortgage holder of record or the beneficiary on a deed of trust. MERS typically has no legal or beneficial interest in the promissory note. Nevertheless, as mortgage holder, MERS sometimes initiates foreclosure proceedings. Courts have disagreed over whether MERS has authority to foreclose on a mortgage in its own name.312

Footnotes

  • 312 {231} See National Consumer Law Center, Foreclosures and Mortgage Servicing § 9.6 (5th ed. 2014), updated at www.nclc.org/library (detailed discussion of MERS and defenses to foreclosures initiated by MERS).