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Assignment of Mortgage to MERS

Started by jelj13
about 9 years ago
Posts: 821
Member since: Sep 2011
Discussion about
I saw that a listing marked "off the market" after being in contract. When I checked on ACRIS, the last listing on the apartment was that the mortgage was "assigned" from Chase to Bank of America, then to MERS as nominee for Bank of America. Then the owner entered an agreement with MERS. What does this mean? I've only heard of MERS being involved when the mortgage was foreclosed.
Response by NWT
about 9 years ago
Posts: 6643
Member since: Sep 2008

MERS does the paperwork and filings for some mortgage holders. There's a Wiki page for it.

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Response by jelj13
about 9 years ago
Posts: 821
Member since: Sep 2011

The Wiki page didn't give enough info. I have switched my mortgage to another bank and don't have a MERS assignment. I can't imagine that Chase would "sell" the mortgage to Bank of America.

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Response by NWT
about 9 years ago
Posts: 6643
Member since: Sep 2008

"Some" lenders, not all. Read a mortgate with MERS's name on it. It'll say Citibank or whomever is the lender, and "For purposes of recording this mortgage, MERS is the mortgagee of record." MERS takes care of recording, so lenders don't have to keep track of the processes in thousands of counties.

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Response by uptown_joe
about 9 years ago
Posts: 293
Member since: Dec 2011

NWT, any thoughts on the assignment from Chase to BofA? That doesn't line up with a typical sale, nor a refinance, right? It would make sense if Chase sold a batch of mortgages to BofA but when the timing lines up with being for sale and then off-market, that seems like too much of a coincidence?

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Response by Aaron2
about 9 years ago
Posts: 1698
Member since: Mar 2012

Not at all unusual for banks to sell individual mortgages to each other, one at a time, or as a bundle with common characteristics (region, duration, rating, etc.), and the buyer bank may then securitize the income stream.

During the housing crisis there were lots of problems with MERS during foreclosures as there were flaws in the recording and paperwork to properly record title in those thousands of counties as the loans were traded around. The industry wasn't quite ready for a nominee entity to hold 'title', mostly because of the varying legal requirements in all the jurisdictions (unlike the securities markets where DTCC has been doing it successfully for quite a while).

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