Because MERS is utilized for transferring title and these transfers are not publicly recorded (thereby imparting constructive notice), MERS does not comply with race (first in time) or (constructive or actual) notice statutes and, therefore, senior/junior property rights cannot be determined when a discrepancy arises in property boundaries lines. Consider the following:
What happens if the chain of title cannot be determined because there are no accurate and publicly recorded deeds/title documents showing chain of title to determine senior and junior rights designations for boundary determinations between neighbors?
What happens when you destroy the adjoining property rights and records of homeowners who never defaulted on their mortgages are now forced to litigate boundary disputes and property rights?
Why did the title insurance companies repeatedly refuse to underwrite foreclosures if land title was stable?
—
Bill Paatalo
Oregon Private Investigator – PSID#49411
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