California Court Rules: MERS Can’t Foreclose, Citibank Can’t Collect

Martin Andelman explains what MERS is and why most homeowners are involved with them, whether they know it or not.

MERS is the acronym used to describe Mortgage Electronic Registration Systems, Inc.  Best I can tell, our friends in the mortgage banking industry created MERS to make it easier for banks and servicers to sell and transfer our mortgages at the speed of light during the real estate bubble.

He gives his opinion of MERS and doesn’t hold back.

I have to tell you… I hate these guys already.  Their attitude alone bothers me.  I looked at pictures of their three top executives on their Website and thought to myself… “No way I’d be friends with these guys.”  Probably not very fair of me, but as far as I’m concerned, when it comes to anything that talks like that and was created by the mortgage banking industry… “fair,” is where you go on Sunday to have popcorn and cotton candy.  Just so we’re clear.

For almost two full years, it seemed to me that judges, who frankly weren’t used to foreclosures being challenged, basically yawned and gave the house back to the bank.  Then, starting about a year ago, give or take, things started to change.  Judges started to listen to the points being raised as related to MERS showing up as the party in interest ready to foreclose, and the more the judges learned, the more they saw problems with what MERS was doing.  As time went on the tide seemed to shift a bit and several decisions weren’t falling as MERS would have liked for one reason or another.

Check out this post explaining a recent California court decision ruling against MERS and Citibank in an attempted foreclosure on a residential mortgage.