A New York Times article explains the legal issue that forms the basis for avoidance of foreclosure by publication by MERS. In a sentence: MERS has no title to the real estate; thus MERS has no "power of sale." This is a must-read for those of you who are facing mortgage foreclosure by publication and also for family lawyers who have clients facing this issue. Read Mortgage Electronic Registration Systems (MERS) Inc., New York Times, October 14, 2010 here.
My earlier post discussing a new Michigan Court of Appeals case dealing with this issue is here. That article also contains a link to state-by-state case law around the United States where this issue has arisen to protect homeowners.
Bonnie, I do not practice foreclosure defense law. You will have to Google to find a lawyer in your area. I suggest a search query something like this:
Mortgage foreclosure MERS defense lawyer
Posted by: Jeanne M. Hannah | July 02, 2011 at 06:56 AM
If I understand this correctly, MERS foreclosed on my home (s) illegally. I fought tooth and nail with the servicing company (HomeQ) and even had my complaint investigated by the states Atty general and they even could not get results because MERS was involved. I have kept all of my documentation of this experience, knowing in my gut there was something very wrong with how this was dealt with. This is very troubling to me and would like more information on proceeding for damages, if possible.
Posted by: Bonnie Williams | June 27, 2011 at 02:54 PM