Learned something today…
MERS (the Mortgage Electronic Registration System), or more properly “MERS Inc.” as it is a private corporation (.org address notwithstanding; I hate it when companies do that!), was created by a group of big mortgage-industry players, including Fannie Mae, in 1997; it went fully operational in 1999. Its mission is “to register every mortgage loan originated in the United States”; as it stands, 50% or more of all new mortgages are in that system.
And really, “to register” sounds pretty benign, if the only effect of it is to digitize and organize information on mortgage loans. But what MERS actually does is more complicated and way more sinister, as I recently learned. I was pretty shocked, after discussing MERS with some of the professionals I work with, to find that MERS doesn’t even have a Wikipedia entry, and that none of the information I could find on it addresses the truly icky implications it has, both for consumers and the economy.
So here, then, is why I, and at least a few other people I know, think that this whole MERS thing is one of the greatest cons perpetrated on the mortgage market yet.
MERS is a “membership”-type organization — mortgage originators (”lenders” for now) pay to be part of it. For that fee, they and their many attendent shady investors get to wriggle out of a seriously annoying bit of transparency and consumer protection that’s supposed to be part of the system on a Federal level. This is openly admitted everywhere, including on MERS’ own website’s front page, but no apology is made for it. Apparently no-one in the “real estate finance industry” really sees a problem with just shuffling off that pesky assignment-recording requirement, like so many twelve-year-olds cleaning their rooms by shoving it all in the closet.
But there definitely are consequences.
First, something about mortgages, if you didn’t know it: A mortgage is actually two “instruments” or, simplistically, documents — one promissory note (”note”) that obligates you to pay your lender back, and one mortgage note (”mortgage”) that contains the lien on your house and other provisions. It is the law in this country that whenever a mortgage changes hands, the borrower must be notified — the idea being that 1) people have a right to know who has a lien on their house, and 2) it’s fundamentally unfair to hide information about how to contact/research/etc. the entity that owns your mortgage. One could also, I think, make a good argument that obscuring the paper trail of who-transferred-what-to-who is fundamentally bad for a trading market that includes mortgages as a securitized commodity.
Well, that’s where MERS comes in. See, MERS will, for a fee, allow you to transfer the mortgage into their name, “completely” legally, while you retain the note.
Think about it: You, Mr. Big Lender Man, still hold the paper that says you get paid. And that’s the paper that you can sell on the market, or assign to a servicer to collect on if you’re the old-fashioned type. But the mortgage is owned by MERS, and it remains owned by MERS no matter how many times the note gets bundled, packaged, sold, resold, washed, rinsed and repeated. So, no matter how many times that loan changes hands, you, the lender community, no longer have to write it all down, or notify the consumers of any change. Their mortgage company may have changed a hundred times, but the mortgager on paper remains the same.
In a nutshell, MERS takes on the legal veil of being a mortgage lender, allowing lenders to abdicate some of their responsibility for how they handle mortgage “paper”, while MERS takes on none of that responsibility because they don’t have to, see, because they’re not collecting money or anything! So the responsibilities lenders had, to homeowners and the taxpaying public who deserve transparency about the market, just sort of…disappear.
Oh, but it’s okay because MERS is keeping track of all those transactions, see? Lenders don’t have to do all that onerous paperwork tracking those sales anymore, because the trustworthy industry-created private company will just handle it for their paid members, and of course everything will be done in the best interests of the public.
That’s why members of the mortgage-holding public get all those letters in the mail, notifying them every single time their note is sold.
Oh wait; no they don’t. I talk to people all the time who don’t even know how to find out who their mortgage company is; they pay a “servicer” and weren’t notified of anything, in spite of the loans having changed hands who-knows-how-many times.
That’s why people like me, who are more-than-reasonably educated mortgage consumers who read every single bit of the paperwork for their recent refinance, are totally informed about MERS and know how to call them and find out who currently owns their mortgage note.
Oh wait; no we aren’t. Professionals use MERS all the time to look up who owns a loan, but the experienced one who came to me today with this was genuinely shocked to have figured out what exactly the company was up to. And even though I personally know just about everybody involved in my refinance, and had detailed talks with them about it on several occasions, MERS was never brought up at any time. (Also, when I went looking for my data, I found that while it was eventually findable, what wasn’t findable was the “paper-trail” — who owned what when, and when it was sold. Apparently that’s industry-only information, fellow taxpayers who just paid $850 billion in bailouts…)
That’s also got to be why the market isn’t having the slightest bit of trouble ironing out who owns what, who sold what when, and how things got so massively f’d up in the mortgage-trading business.
Oh. Wait…
[Warning: I'm about to go off about companies insisting on using Social Security Numbers as unique identifiers for consumers, because it's illegal and stupid and MERS does it too. You can safely skip this last bit if you don't care.]
Lastly, just to put the cream in the firehose we’re getting beaten with here? If you call MERS’ voice system at (888) 679-6377 and give them the special 18-digit Mortgage Identification Number you mayr or may not be able to find, they’ll tell you who owns your mortgage. Wait–don’t have that number? No problem — just use a different, completely neutral and safe number instead…like the borrower’s SSN.
[EDIT: You can also search online here, a system which will find mortgage lenders based on either 1) address; 2) name/details and address; or 3) name, SSN and zip code. Somebody tell me what possible good using the SSN in there does, unless you're deliberately courting hackers maybe? ...Ironically though, I put in quite a few addresses and it wasn't able to find anything at all.]
That’s right; not only are they breaking the provision of the Social Security Act that forbids using SSNs as identifiers, they’re hella endangering people’s private information by storing all those SSNs on a VIR system. (And that’s without even wondering how easy it probably is to social-engineer their help desk, which cheerily offers to provide mortgage information with just the name and/or address if you don’t have the MIN or SSN, to give you whatever information you might be missing once you have an SSN. Remember, your name and SSN as a combination virutally is your identity, so guard it…sorry, off my soapbox-tangent-thing now, heh.)
In closing, Wow Ripoff and Gee, Thanks A Lot and What A Bunch of Scumbags We’ve Got Running The Mortgage Industry, Are We Sure Regulation Is Enough And Can’t We Just Shoot Them, Please?
——————-
My Sources For This Writeup Are:
The MERS Website
“A Brief Summary of ‘MERS’” by Kemp Law Office (no, I don’t know those lawyers)
Fannie Mae’s Info Page on MERS
Foreclosureforum.com’s info page on MERS