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if mers(mortgage electronic registration systems)was suspended from doing business in california back in november of 2004, would mers be able to substitute a trustee in california for the purpose of a foreclosure?
http://kepler.sos.ca.gov/corpdata/ShowList states that MERS is an active corporation.As a hypothetical question I would answer no, a suspended corporatin cannot transact any business and therefore could not substitute a trusteee.But as of today MERS is an active California corporation according to the Secretary of State's website.
i went to get a printout of the status of mers today from the S.O.S., and mers has been suspended from doing business in california since november of 2004 and is currently still suspended according to the S.O.S.
I just went to http://kepler.sos.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C3109037 and seeThe information displayed here is current as of "OCT 23, 2009" and is updated weekly. It is not a complete or certified record of the Corporation. CorporationMORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.Number: C3109037 Date Filed: 6/1/2009 Status: activeJurisdiction: CaliforniaAddressXXXXXbr />PLEASANT HILL, CA 94523Agent for Service of ProcessJOHN BROSNANXXXXXbr />PLEASANT HILL, CA 94523But under MERS it shows this:The information displayed here is current as of "OCT 23, 2009" and is updated weekly. It is not a complete or certified record of the Corporation. CorporationMORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS)Number: C2416221 Date Filed: 5/21/2002 Status: suspendedJurisdiction: CaliforniaAddressXXXXXbr />SACRAMENTO, CA 95818Agent for Service of Process** RESIGNED ON 03/25/2009I do not know how the SOS has such inconsistent information posted on her website and I suppose you should contact her and point this out. Maybe after MERS was suspended a new corporation was formed using the same name...The suspended MERS is called MERSystem and the active MERS is called MERSystems ...
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Thank you for acceepting my answer. Just out of chance or synchronicity, a legal newsletter I just got today linked to this article you may be interested in: http://www.scottandscottllp.com/main/MERS_Called_Into_Question.aspxIt involves a Kansas case: The Supreme Court of Kansas, in the recent decision Landmark National Bank v. Kesler, (--- P.3d ----, 2009 WL(NNN) NNN-NNNN, has called into question the validity of MERS, the mortgage tracking system that currently services an estimated 60 million loans.
just so you know. i did more reasearch on MERS and found that mortgage electronic registration system was suspended from 11/2004 and is still suspended. but mortgage electronic registration system(s) just became active on 6/2009. so wouldnt that mean that every doc signed by mers between 11/2004 untill 5/2009 are void?
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