Why MERS Litigation Is Not Working in California
By Kristy Hernandez and Kelly Resnick
©2014 All Rights Reserved.
Many homeowners who have suffered from foreclosure, or who are currently facing foreclosure, want their banks and other financial institutions to take greater responsibility for the financial crisis our country continues to face in the aftermath of the Great Recession of 2008 and the related crash in real estate prices. A common, and highly visible, villain has been Mortgage Electronic Registration Systems, Inc., commonly known as "MERS."1 Desperate homeowners have brought a glut of cases against MERS across the country with varying degrees of success. This article aims to discuss the recent history of MERS litigation in California, and outline alternative causes of action to the largely unsuccessful MERS claims.
I. A BRIEF OVERVIEW OF MERS