“It is FURTHER ORDERED that the Office of Foreclosure is authorized to recommend the entry of final judgment pursuant to Rule 1:34-6 in uncontested actions which the procedures set forth in this Order have been followed.”
New Jersey’s Supreme Court ruled documents indicating a bank’s intention to foreclose on a mortgage must name the lender before a residential property can be seized.
The case involves the foreclosure on an East Orange home owned by Maryse and Emilio Guillaume, who received a notice of intention to foreclose in May 2008. That notice included the name of the mortgage servicer, America’s Servicing Company while omitting the name of the lender. Credit Suisse AG made the loan and assigned it to US Bank National Association.
The state court in Trenton ruled today that the notice sent to the Guillaumes failed to comply with the state’s Fair Foreclosure Act, which requires the name and address of the actual lender, as well as contact information for a loan servicer. Failure to do so creates “potential for significant prejudice” to homeowners, the court said.
MERSCORP, Inc. (MERS) announced today that investor information for loans registered on the MERS® System is now available to borrowers at no charge.
Through the MERS® ServicerID website (www.mers-servicerid.org), both servicer and investor information are now displayed. The added investor information is an expansion of the MERS® InvestorID program launched in June 2009, which mails a notice to borrowers when the identity of their loan’s owner or investor changed.
“MERS is an enthusiastic supporter of President Obama’s goal to bring more transparency to the mortgage banking process,” said MERS President & CEO R.K. Arnold. “I am pleased that we now have the capability to show the identity of a loan’s owner or investor to whomever wishes to see that data.”
The expanded MERS InvestorID program is an opt-out system which displays investor information on all MERS-registered loans unless the investor has specifically opted out of disclosure (servicer information will continue to be displayed). If a borrower wishes to find the investor on a loan with an opted-out investor, they can do so by sending a written request to their servicer for the information.
“Now both servicer and investor information are readily available to the public,” said Arnold. “Consumers and lenders want and need greater transparency and that’s what MERS is delivering.”
AboutMERS
MERS is an electronic loan registry created by the real estate finance industry to eliminate assignments when trading mortgage loans. Borrowers name Mortgage Electronic Registration Systems, Inc. as mortgagee and nominee for the lender on deeds of trust and mortgages that are recorded in the county land records. Lenders then register the loans on the MERS System and electronically track changes in servicing and beneficial ownership rights over the life of the loan. To learn more about MERS, visit www.mersinc.org.
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