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MERS Foreclosures Could Be "Messy" for a While


A Bend attorney who specializes in foreclosures and other business law says the legal issues surrounding some foreclosures in Oregon will probably be "messy" for a while. The problem hinges around the electronic signing process, called "mortgage electronic registration system, " or MERS. The system was developed so that loans could quickly change hands. About half of the loans in our country have these electronic signatures and now some are questioning the legality of those contracts; especially when it comes to foreclosures.  Attorney Paul Heatherman says there's no law right now in Oregon with regards to the State Supreme Court: “So we're trying to get some guidance. We don't have a lot right now in Oregon. The bottom line is this will probably slow down the rate of foreclosures at least in the short term, because there has to be some definite rule whether state by state or thru Congress, what to do with these MERS problem loans." MERS is listed as an agent for lenders on more than 60 million U.S. home loans.

 

 

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