Christopher Lewis Peterson
University of Utah – S.J. Quinney College of Law
Real Property, Probate and Trust Law Journal, Forthcoming
Hundreds of thousands of home foreclosure lawsuits have focused judicial scrutiny on the Mortgage Electronic Registration System (“MERS”). This Article updates and expands upon an earlier piece by exploring the implications of state Supreme Court decisions holding that MERS is not a mortgagee in security agreements that list it as such. In particular this Article looks at: (1) the consequences on land title records of recording mortgages in the name of a purported mortgagee that is not actually mortgagee as a matter of law; (2) whether a security agreement that fails to name an actual mortgagee can successfully convey a property interest; and (3) whether county governments may be entitled to reimbursement of recording fees avoided through the use of false statements associated with the MERS system. This Article concludes with a discussion of steps needed to rebuild trustworthy real property ownership records.
- Statement by CEO of Mortgage Electronic Registration Systems (MERS) RESTON, Va. – (Business Wire) Mortgage Electronic Registration Systems (MERS)...
- QUI TAM: Tennessee vs. MERS, Mortgage Electronic Registration Systems April 20. 2010, RECORDING FRAUD From: b.daviesmd6605 COMPLAINT: COMES the State of Tennessee ex rel....
- NY SUPREME COURT finds RECORDING DEFECTS |Mortgage Electronic Registration Systems Inc., v. Lisser This is an action pursuant to RP APL Article 15...
- “Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to Act “ John Hooge Co-Writes Article Surveying MERS Mortgage Loan Cases Half...
- MERS is NOT in FACT a “MORTGAGEE”| MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. SAUNDERS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. SAUNDERS 2010 ME 79...