The status of my mortgage on the MERS web site is designated as "Inactive." What does this mean?

Bankruptcy and Debt 4 views 2 answers
The servicer for my loan filed a foreclosure complaint against me on 8/24/2010, claiming that it is the designated holder of the note and is authorized to prosecute this action on behalf of the owner. I hired an attorney to stop the foreclosure within 20 days, and this matter has been dormant ever since.

Attorney Answers

2
Keith Halpern ·
MERS, the Mortgage Electronic Registration Systems Corporation is a membership entity that can't really own anything. I would like to know what the docket says in your county with regard to the foreclosure case that was filed. MERS can't really own anything, but some caselaw in certain jurisdictions clarifies part of their role as a nominee for a lender, and often they claim to be a mortgagee. In any event if that sounded like garbley-gook, then please consult with your attorney and take a look at the docket to see what activity is in the COURT file. It's also okay to hire counsel for a second opinion. I would hate for that thing to come back--and it's at least reasonably likely that it will. Sorry to say, but I don't trust much that MERS says at this stage.
0 upvotes
Michael Millar ·
An "inactive" loan designation could mean two things. The first is that the loan was paid off and closed. The second is that the loan was assigned out of the MERS system to another lender. This second one happens when the loan is in distress and in collections or foreclosure.
0 upvotes

People Also Asked