Testimony of Joshua Rosner before the Subcommittee on TARP, Financial Servicer
and Bailouts of Public and Private Programs.
“Has Dodd-Frank Ended Too Big to Fail?” –
2154 Rayburn House Office Building
March 30, 2011
Almost three years have passed since the United States financial system shook, began to seize up, and threatened to bring the global economy crashing down. The seismic event followed a long period of neglect in bank supervision led by lobbyist-influenced legislators, “a chicken in every pot” administrations, and neutered bank examiners.
One company embroiled in the nation’s property foreclosure crisis is not unprepared for a fight.
In Washington, D.C., Merscorp Inc.has retained several well-heeled lobbyists and invested hundreds of thousands of dollars in lobbying efforts since the start of the mortgage crisis and economic meltdown.
Merscorp Inc. is the parent company of Virginia-based Mortgage Electronic Registration Systems (MERS), which serves as an electronic registry for 67 million U.S. mortgages — more than 60 percent of the country’s total.
MERS was created in the 1990s by the mortgage banking industry to save them significant sums of cash by capitalizing on the digital revolution. The firm’s motto is “process loans, not paperwork.”
The ease of this streamlining process has brought trouble and detractors, however, especially in the face of the $12 trillion real estate bubble’s burst, and the company’s role in helping banks foreclose on properties, as theWashington Post recently reported.
“Several state courts have rejected attempts by MERS to act on behalf of banks seeking to foreclose on delinquent mortgages,” the Post reported last week. “And Congress is weighing legislation that would bar home loan giant Fannie Mae from buying any mortgage listed in MERS, potentially a death knell for the registry.” Rolling Stone reporter Matt Taibbi recentlysummed upthe company’s status this way: “In short, the mortgage industry considers MERS owner enough to foreclose on you, but not owner enough to be sued, or reasoned with, or even to provide basic customer service.”
In testimony before the House Financial Services Committee in November, Merscorp Chief Executive Officer R.K. Arnold maintainedhis firm did not profit from foreclosures or decide when to foreclose upon a property.
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