Posted by Deborah Lewellen on 12/7/10 5:50pm
Msg #364267

MERS: The Mortgage Mess

http://www.dailyfinance.com/story/real-estate/mers-mortgage-database-clouds-millions-of-titles/19746420/?icid=maing%7Cmain5%7C9%7Clink6%7C29667

thought I'd share this, what do some of you think?

Reply by FlaNotary2 on 12/7/10 11:18pm
Msg #364286

I am the paralegal for a foreclosure case against MERS

Our defense is that the people who signed the assignment were not, in fact, officers of MERS, and were therefore not authorized to sign on behalf of MERS.

It is an absolute MESS.

We are also alleging that the persons who signed as "officers" of MERS did not appear before the notary who notarized the assignment, nor did they take an oath as required by law.

We will see how it goes....

Reply by John/CT on 12/8/10 9:49am
Msg #364311

Re: The paralegal for a foreclosure case against MERS

Thank you, Robert, for the update. Yes, I'd be interested in knowing the outcome ... in a couple years or so.

Reply by Linda_H/FL on 12/8/10 9:54am
Msg #364312

So it's not against MERS...it's against your clients

the borrowers/homeowners...MERS is a plaintiff...

Reply by PAW on 12/8/10 1:05pm
Msg #364333

I'm confused ...

The 1st response subject states "I am the paralegal for a foreclosure case against MERS" which indicates that the law firm he works at is not representing MERS. Thus I would assume the clients are borrowers/homeowners filing against MERS, thus being the plaintiff, and MERS would be the defendant.

But, he also states in the post, "Our defense is ..." which places the firm as representing the defendant, which I don't think is the case. Just the choice of words led me to my confusion.

Then he states in the same post, "We are also alleging ..." which implies that the firm is representing the plaintiff, which I am thinking is correct, thus MERS would be the defendant in the case.

Reply by Linda_H/FL on 12/8/10 1:20pm
Msg #364336

That's my confusion too and why I stated that

"Our defense is.." IMO means MERS is foreclosing on their clients; they're asserting a defense and part of that defense alleges that ... etc etc..

Reply by Pat/IL on 12/8/10 1:52pm
Msg #364344

Defendant/Counter-plaintiff? n/m

Reply by PAW on 12/8/10 2:04pm
Msg #364347

Appellant/Appallee? n/m

Reply by FlaNotary2 on 12/8/10 2:24pm
Msg #364355

Petitioner/Respondent? n/m

Reply by jba/fl on 12/8/10 2:47pm
Msg #364364

Appallee? one who is appalled by this behavior? n/m

Reply by FlaNotary2 on 12/8/10 2:23pm
Msg #364354

MERS is plaintiff; we represent defendant n/m