Thursday, June 17, 2010

Who owns the Note?


https://www.mers-servicerid.org/sis/


By Matt Weidner, Esq.

One of the most important issues in virtually every foreclosure case is trying to identify exactly who owns the note that the Plaintiff is foreclosing on. This issue is almost never clear in the pleadings filed by the Plaintiff despite the fact that this issue is the central issue in the entire case. Remember, the servicer is not the proper party in interest if they are not entitled to profit from the foreclosure judgment.

The plaintiffs and their attorneys make it difficult to find this information, but now we have assistance from
an unlikely source, MERS or Mortgage Electronic Registration System.  A change on the MERS website that was just published today allows any party to search the MERS site by address of MIN number to gain the identity of the owner or investor in the note.


You can check the MERS website here to access this information. This is critically important information in every case, especially when the Plaintiff has identified one party and the MERS site identifies yet another!