The Murky Mess of MERS

The Complications of Collecting on Promissory Notes when MERS is Around

By David P. Weber

In this era of “robo-signers,” asset-backed securities and unprecedented foreclosures, the mechanics of collecting on a promissory note accompanying a mortgage or deed of trust are often forgotten or not followed for a number of reasons such as: the sheer volume of paperwork accompanying every such file; the fact that many of these promissory notes are indorsed to third parties or are no longer in the possession of the servicer or the interested financial party; or because the notes . . .

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From the Editor

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By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....

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Critical Case Comment

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