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To: Wuli

In many states, there is NO position of “nominee” for real estate titles.

Let me explain a minute where the term “nominee” comes from. It does NOT come from the world of real estate.

When you hold stock in an account at your broker, your stock is held “in street name” with your broker as the “nominee” for you, and your broker has an internal record of how many shares of X (US Steel as an example) you own, Mr. Smith owns, etc. They’re all held “in street name” by your broker as nominee for you.

MERS tried to apply the same kind of idea that made selling stocks and bonds easy-peasy-lemon-squeezy on the street. Well, trouble is, there is no such thing as “nominee” in many states’ real estate title law. There is no such noun, no such position, no such thing.

So MERS calling themselves nominee on a mortgage or note is like calling themselves “Martian with a pink tutu.” It is an amusing non-sequitur in the real estate transfer.

Now, calling themselves an “agent” might work in some states. Calling themselves an “attorney in fact” might work in others. But in this state (eg, Wyoming), where is no such thing as “nominee” in real estate law. Go ahead, read the statutes and case law. No such term exists.


14 posted on 02/14/2011 7:46:22 PM PST by NVDave
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To: NVDave
The judge couldn't have made it more plain as has been said since the first case went to court:

". . . parties seeking in bankruptcy proceedings to avoid the ban on legal claims must show they own both the note and the mortgage."

yitbos

23 posted on 02/14/2011 9:33:44 PM PST by bruinbirdman ("Those who control language control minds." -- Ayn Rand)
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