My name is Robin Speronis and I am the Owner/Broker of Zen Real Estate of Southwest Florida, www.AskZenRealEstate.com, 1-877-890-0121 and a court ruling on September 12, 2009, could conceivably prevent real estate foreclosures on 60 million mortgages, including half of all residential real estate mortgages, and make real estate short sales a more popular option for lenders holding real estate mortgages on distressed properties.
In Landmark National Bank vs. Kesler, the Kansas Supreme Court held that Mortgage Electronic Registration Systems (MERS) has no standing to bring an action for foreclosure in that state. MERS is a private company that has recorded 60 million mortgages in its name, but is not the owner of the real estate mortgage note - it only services the real estate mortgage note. MERS brings foreclosure actions in its name on these real estate mortgages if they default.
MERS acts as a corporate shield protecting the lenders from claims of predatory lending. Often times these real estate mortgages were bundled, chopped up and sold. The original paperwork "disappeared" making it difficult if not impossible to prove that the lenders broke the law when originally making the real estate loan.
It is believed by some that MERS has reduced transparency in the real estate mortgage market by not letting consumers turn to the public records to learn the identity of the holder of their real estate mortgage. But also, MERS now brings real estate foreclosure proceedings in its own name - even though it is not the holder of the real estate mortgage. This is problematic for many reasons, one of which is because MERS is not prepared or equipped to provide responses to consumers' charges of predatory lending claims, etc.
As other state courts rule on similar lawsuits and the consumer becomes more educated as far as their rights in a real estate foreclosure action, real estate short sales will probably become a more popular option for lenders to dispose of their distressed real estate mortgage notes. Currently in Florida, only 24% of short sales close.
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