If you want to verify the mortgagee's (lender's) chain of title first you need to make certain the original mortgagor (borrower) was the owner of the property. The following steps can be used to verify the lender's chain of title:
A cloud on titlle is any claim to the title on a property that puts another claim into question. That is, one may own a property that another person claims with some (though by no means clear) legal justification. Example would include an easement that hasn't been recorded. Another example is if the originating bank puts a Lien against the property, but then sells the loan and the new bank, instead of buying the NOTE and putting a Lien on the property, instead is merely a Servicer,not a Lender, and records the Lien in MERS, an electronic registration system for ability to trade Mortgage Backed Securities, but not in the County Tax Records. In order to be a trustee and a beneficiary party in interest, the party must have put money up to the game in order to have legal standing. MERS is merely a recordation system and is not an assignee as no Deed of Trust has ever been assigned to it, nor has it ever put any cent in any real estate transaction. It gets very complicated as a result of Pooling and Servicing Agreements, that hold a collection of NOTES together, for the purpose of selling on the secondary market as Mortgage Backed Securities. Once a NOTE changes form from a NOTE to a STOCK, it changes form irrevocably. Therefore, the chain of title is broken and a broken chain of title can not be fixed. Once it is broken, it is broken. To answer your question,no a LIEN is not a cloud on the TITLE in any way. Clear and marketable title is not necessarily a title free of LIENS. A title can indeed have a lien against it. That by itself is not a cloud on title. Instead, if there is a broken chain of assignment of the NOTE and the LIEN, than that is instead a cloud on title. A cloud on title makes a property very un-marketable, as the property can not be conveyed with clear and marketable title, to a new buyer and therefore, any previous claims against the title have to be paid by the new owner, whether or not they were part of the situation that caused it. In other words, once a property becomes bank owned, a foreclosure, the foreclosing bank pays off all Junior Lien holders, such as a Home Equity Loan or a Mechanics Lien, so that all legal issues of the previous home owner don't fall upon the new home owner.
They are incorporated in Delaware. Their mailing address is in Flint, MI. Updated 09/22/2011 ------------- Although Mortgage Electronic Registration Systems Inc (a.k.a. MERS) is a Delaware corporation, their corporate offices are located at 1818 Library Street, Suite 300, Reston, VA 20190. If you need to serve them with legal documents their Registered Agent is Sharon McGann-Horstkamp, MERS Vice President and general Counsel, and her office is located at the same address. There's a great web site that gives you all kinds of information about serving legal documents on MERS, including MERS hours of operation, mistakes that others have made in their legal documents, and the cost and turnaround time for service of process. The web address is www.weservemers.com.
Try asking your Mortgage Servicer the following question. Please provide identififcation of the the name, address, and telephone number of the owner of the obligation as required by US Code Title 15, Chapter 41, Subchapter I, Part B code section 1641(f)(2). Your Mortgage was most likely sold by your loan originator (lender), as part of an RMBS (Residential Mortgage Backed Secutity) by Wall Street through an SEC offering in the year it was originated. See EDGAR Online for RMBS offerings. You can positively identify your Servicer by the MIN (Mers Identification Number) on your deed, not the loan number on your note. Go to MERS.com Indepenent Auditor
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The following was added on 8/28.2011: MERS can be served at their corporate office located at 1818 Library Street, Suite 300 Reston, VA 20190. Their registered agent is Sharon McGann-Horstkamp, MERS Vice President and General Counsel, and her office is at the same address. State Court Services, a private process service firm, will serve legal documents on MERS for $35. Their web site is www.statecourtservices.com and their toll free number is 1(888) 907-3783
MERS was created in 1995.
The population of Mers Sultan is 145,928.
The population of Mers-sur-Indre is 594.
The population of Mers El Kébir is 16,950.
The population of Mers-les-Bains is 3,530.
Al Fida - Mers Sultan's population is 332,682.
The area of Mers-sur-Indre is 25.45 square kilometers.
The area of Mers El Kébir is 10.98 square kilometers.
The area of Mers-les-Bains is 5,390,000.0 square meters.
Chansons des mers froides was created in 1994.
Attack on Mers-el-Kébir happened on 1940-07-03.