Apparently, anyone with a user ID and password could sign documents in the MERS system, whether they are authorized or not. MERS now wants people to undergo a certification process to be an authorized signing officer.
Keep in mind that once a person has gained entry to the system they can change the names of beneficiaries, servicers, owners of the loan or anything else they want to do right before or right after a hearing where the documents don’t match the records.. The information is not secure, not accurate and usually fabricated to fit each foreclosure.
Reference is made here to corporate resolutions allowing people to sign on. In discovery and the QWR you might want to ask for a copy of that document. My guess is that they have not kept those records up to date. You might also want to ask for a history of who have been signing officers for MERS. The answer might surprise you – there are thousands of them.
POLICY BULLETIN – Number 2010-1
To: All MERS Members February 17, 2010
Starting April 19, 2010, all new Mortgage Electronic Registration Systems, Inc. (MERS) Certifying
Officers will be required to complete a certification process before being authorized to execute
documents as a MERS Certifying Officer.
The MERS Project Manager for each Member will be responsible for overseeing the completion of
this process for each proposed Certifying Officer, and no Corporate Resolution will be approved
until this process has been completed by every proposed Certifying Officer.
Members who already have a MERS Corporate Resolution in place will be contacted in phases to
begin the certification process for the Certifying Officers listed on their Corporate Resolution. This
transition will begin in April, and continue until all Members have completed their certification. If
you request an update to your Corporate Resolution or Certifying Officers list during this time, you
will need to complete the certification process to effect the update.
During the transition, existing Corporate Resolutions will remain in effect with no lapse in signing
authority. We will provide more details about this transition closer to the implementation date.