Courts Uphold MERS Serving as “Nominee” on Mortgage Instruments
4 March 2011
Mayer Brown Legal Update
Mortgage Electronic Registration Systems, Inc. (MERS), is an electronic registry created by the mortgage banking industry to track transfers in servicing rights and beneficial ownership of millions of mortgage loans around the nation. When a mortgage loan is originated by a member of MERS, the originator typically identifies MERS as the mortgagee of record on the mortgage and appoints it to serve in that capacity as “nominee” for the originator or any subsequent holder of the promissory note.