The Eastern District of New York found that the Bankruptcy Court overstepped its jurisdictional bounds when it entered an advisory opinion that MERS, as “nominee,” had no power to assign mortgages. In re Agard, No. 11-1826 (E.D. N.Y. March 28, 2012). [Read more…] about MERS Survives Challenge to its Business Model
The End of Mortgage Securitization?
This newly released paper suggests that the use of MERS to electronically transfer mortgages introduces significant vulnerability into the securitization process by threatening the bankruptcy remoteness between loan originator and trust.
Click here for the paper.