23 February 2011

Good News


Last week MERS announced a major policy change conceding that assignments should be recorded in the various Registries across the country and “assignments out of MERS’s name should be recorded in the county land records, even if the state law does not require such a recording.” In addition MERS instructed its members to “not foreclose in MERS name”. O’Brien further states “MERS has now finally acknowledged that their business model was flawed, and they didn’t adhere to the legal requirement that all assignments of a mortgage must be recorded at the local Registry of Deeds.”  “If they had followed the law the public would know who was buying and selling their mortgage, and it would have been an open, honest and transparent process.  The fact that they deliberately chose to create a for-profit private cyber Registry of Deeds whose only purpose was to avoid paying the same fees as everyone else and keeping the public in the dark as to who was the rightful owner of the mortgage clearly demonstrates to me that this was a scheme of epic proportions.”  “When Wall Street and these major lenders joined together in creating MERS, they plunged us into a housing nightmare with little or no regard for their actions.  It’s obvious that their only motivation was to manufacture huge profits off the backs of homeowners and taxpayers. They should all be ashamed of themselves and step up to the plate and do the honorable thing and make the taxpayers’ whole,” O’Brien said. [Emphasis added.]  [HT: Vox Day]

While this obviously won’t solve all the problems regarding the mortgage foreclosure mess, it is a step in the right direction and should be lauded as such.  Here’s hoping that state and local governments continue down this path of respecting  and enforcing property rights, and putting an end to the fraud.

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