{"id":2379,"date":"2010-10-25T21:55:50","date_gmt":"2010-10-25T21:55:50","guid":{"rendered":"0"},"modified":"2010-10-25T21:58:23","modified_gmt":"2010-10-25T21:58:23","slug":"mers-ey_me_-_wh","status":"publish","type":"post","link":"http:\/\/marcdanziger.com\/?p=2379","title":{"rendered":"MERS-ey Me &#8211; Why The Housing Crisis Is Worse Than You Think"},"content":{"rendered":"<p>I&#8217;ve been mulling a followup housing policy post, and meanwhile looking over the news about housing. One thing that stands out to me is the shadow that&#8217;s about to be cast on the legal structures of housing ownership, title, and finance.<\/p>\n<p>I spent a few years doing RE Investment banking, and have some friends in that world still &#8211; mostly in the larger institutional-commercial space. And I&#8217;m guessing that many of the same issues apply there &#8211; except that the borrowers have the resources and skills to hire very smart lawyers.<\/p>\n<p>The root of the problem is that we have a mortgage finance system &#8211; legal and administrative regime &#8211; that was deliberately undermined in the name of efficiency by a bunch of half-smart people who then made (and in many cases doubtless lost) zillions from the new financial conduits they established.<\/p>\n<p>Here&#8217;s <a href=\"http:\/\/www.ritholtz.com\/blog\/2010\/10\/what-is-mers-and-what-role-does-it-have-in-the-foreclosure-mess-hint-it-holds-60-of-all-mortgages-but-has-zero-employees\/\" target=\"browser\">a great post on Barry Ritholz&#8217;s blog<\/a> that sets out one major part of the problem.<\/p>\n<blockquote><p><i>You&#8217;ve heard the name Mortgage Electronic Registration Systems or &#8220;MERS&#8221; mentioned in relation to the foreclosure problems in the residential real estate market.<\/p>\n<p>But what is MERS?<\/p>\n<p>It is the company <a href=\"http:\/\/www.mersinc.org\/about\/shareholders.aspx\" target=\"browser\">created and owned<\/a> by all of the big banks to process title to property in the U.S. Approximately 60% of the nation&#8217;s residential mortgages are recorded in the name of MERS.<\/p>\n<p>MERS is a shell corporation with no employees, but thousands of officers.<\/i><\/p><\/blockquote>\n<p>That&#8217;s not necessarily a problem. The way they managed it is.<\/p>\n<p>And the implications are massive; a challenge to the validity of billions in mortgages, putbacks of mortgage securities to banks that are already stressed, and a frozen hosuing market because title is impossible to insure.<\/p>\n<p>Go read the whole post, and think about it when you write your next mortgage check.<br \/>\n&#8211;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What if the legal regime underpinning securitized housing finance is faulty?<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[],"tags":[],"_links":{"self":[{"href":"http:\/\/marcdanziger.com\/index.php?rest_route=\/wp\/v2\/posts\/2379"}],"collection":[{"href":"http:\/\/marcdanziger.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/marcdanziger.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/marcdanziger.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/marcdanziger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2379"}],"version-history":[{"count":0,"href":"http:\/\/marcdanziger.com\/index.php?rest_route=\/wp\/v2\/posts\/2379\/revisions"}],"wp:attachment":[{"href":"http:\/\/marcdanziger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/marcdanziger.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2379"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/marcdanziger.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}