MERS Changes Policy on Authorization to Sign for Them

So here is the deal. MERS allows anyone with a password and user ID to sign papers for them whether they are authorized or not. That policy continues but they now want people to complete “certification” to act as authorized signing officer.

Keep in mind that once a person has gained entry to the system they can change the names of beneficiaries, servicers, owners of the loan or anything else they want to do right before or right after a hearing where the documents don’t match the records.. The information is not secure, not accurate and usually fabricated to fit each foreclosure.

Reference is made here to corporate resolutions allowing people to sign on. In discovery and the QWR you might want to ask for a copy of that document. My guess is that they have not kept those records up to date. You might also want to ask for a history of who have been signing officers for MERS. The answer might surprise you – there are thousands of them.

POLICY BULLETIN – Number 2010-1

To: All MERS Members February 17, 2010
Starting April 19, 2010, all new Mortgage Electronic Registration Systems, Inc. (MERS) Certifying Officers will be required to complete a certification process before being authorized to execute documents as a MERS Certifying Officer.
The MERS Project Manager for each Member will be responsible for overseeing the completion of this process for each proposed Certifying Officer, and no Corporate Resolution will be approved
until this process has been completed by every proposed Certifying Officer.
Members who already have a MERS Corporate Resolution in place will be contacted in phases to begin the certification process for the Certifying Officers listed on their Corporate Resolution. This transition will begin in April, and continue until all Members have completed their certification. If you request an update to your Corporate Resolution or Certifying Officers list during this time, you will need to complete the certification process to effect the update.
During the transition, existing Corporate Resolutions will remain in effect with no lapse in signing authority. We will provide more details about this transition closer to the implementation date.
If you have any questions about the new process, please contact merscertifyingofficer@mersinc.org

13 Responses

  1. Remember mers is ndustry owned. Love the comment absolute criminals but omg so many of them that’s what rocks my world and so we must methodically peel away the lying layers of mers. Ooo that rhymes!

  2. Dave,

    I’m fighting Brochin right now. I think he’s a robot that has been programmed to answer in only one format.

  3. I’ve decided it’s way too risky to ever have a mortgage again why would anyone trust any of these lying cheating entities again

  4. the corporate resolution form MERS authorizing the loan servicer employees to sign in behalf of MERS, INC, isn’t this constitute a fraud? since the document that they are signing identified them as VP, Assistant secretary of MERS . we, the homeowners believed that they are actually a MERS employees. Isn’t it a misrepresentation by MERS and the loan servicer? why not attached their corporate resolution form that they were authorize to sign in behalf whoever they represented. the answer for this is they are trying to protect their FRAUDULENT SCHEME.. this assignment of deed, substitution of trustee are all done either in the law firm or loan servicer center or collection agency who initiated the foreclosure notice. i know because i found out about it and still they have the guts to keep on lying in the court. and they use the court to manipulate the system because the court and the judges are ‘BIG SUCKER” esp. here in northern ca district either in BK court or Federal courtm

  5. Gee, April 19th … what an interesting date … a satanic holiday as well as the anniversary of Oklahoma City and Waco. How fitting. It’s amazing that no matter what MERS says, we still have their depositions, where Arnold himself admits to no beneficial interest.

    Folks, there are federal judges who want to see MERS taken down … in time it will happen. Keep up the fight.
    i personally would like to see all Kansas homeowners with a MERS lien filed to file bankruptcy and challenge them. That would keep Bobby Brochin busy. He’s their attorney. I’ve read his behavior in the depositions and in oral arguments. I just read a case in Reno where he got into a pissing contest with the judge where the judge got cross with him. They just say whatever fits their convenient excuse to get out of the wicket they’re in at the time. The judges in Arizona and California need to wake up to this nonsense and stop giving them latitude.

  6. neil

    can this be verified ?

    “Keep in mind that once a person has gained entry to the system they can change the names of beneficiaries, servicers, owners of the loan or anything else they want to do right before or right after a hearing where the documents don’t match the records.. The information is not secure, not accurate and usually fabricated to fit each foreclosure.”

  7. Interesting…. MERS is doing some “funny” stuff, because my search that I did (and thankfully printed out) about a month ago does not reflect what it shows on my property as of yesterday.

    Last month, it showed another bank in addition to the one I have as active since 2005. We purchesed the property in 2007.

    You’re right, their records are NOT correct and I can prove it.

  8. a judicially estopped claim in a new complaint should be file
    instantly!!

  9. These guys are absolute criminals. And thanks for the tip, Neil–I WILL ask for the corporate resolution–although I believe something similar is on their site already.

  10. My question is this –

    Was MERS so totally clueless about the servicer’s use of any Tom, Dick or Harry employee as a certifying officer?

    Did the servicers lie to MERS about the credentials of the employees signing as certifying officers?

    Did MERS care that its own rules were being violated?

  11. Now, once again, they are changing their rules.

  12. Sometime in 2009, MERS changed its rules for Certifying Officers. Before 2009, a Certifying Officer had to be an officer of the member signing on behalf of MERS.

    So, basically, any person signing any document as a MERS Certifying Officer had to be an OFFICER of the company where they were really employed.

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