8101.12: MERS® (03/02/16)

Owned by Kacey Olson
Nov 23, 2018
2 min read

© Freddie Mac Single-Family Seller Servicer Guide

(a) Post-purchase MERS registration When registering a Mortgage on the MERS System after the Mortgage is sold to Freddie Mac, the Servicer must notify MERS that Freddie Mac is the investor and provide MERS with the Freddie Mac loan number for the Mortgage. Mortgages secured by Manufactured Homes located in certificate of title States may not be registered with MERS. Refer to Section 5703.7.

(b) MERS System Rules of Membership – Rule 14 ("MERS Rule 14")Servicers that are managing "Legal Filings" as described in MERS Rule 14 on behalf of Freddie Mac must provide, when applicable, the various notifications and information required by MERS Rule 14 to MERS on Freddie Mac's behalf about such "Legal Filings."

(c) MERS' notices regarding liens or legal actions As the mortgagee of record, MERS, rather than a Servicer, may receive notices about liens or legal actions related to Mortgages being serviced for Freddie Mac. When these notices provide information that enables MERS to identify the applicable Servicer, MERS will forward the notice directly to such Servicer. However, MERS may receive some notices that will not include enough information to enable MERS to identify either the Mortgage in question or the applicable Servicer. In such cases, MERS will electronically notify all MERS members about any unidentified notice(s) it has received. Each Servicer that services MERS-registered mortgages for Freddie Mac must establish procedures to ensure that it checks (on a daily basis) all electronic messages it receives from MERS to determine if the unidentified notice relates to a Mortgage serviced for Freddie Mac. If the Servicer is unable to determine if the notice relates to a Mortgage serviced for Freddie Mac, the Servicer must request additional information from MERS to make such determination. The Servicer must take appropriate and timely action based on the notice, and advise MERS that the Servicer is Servicing the Mortgage so that MERS can promptly update its records.

(d) System-to-system reconciliation with MERS Seller/Servicers must comply with all MERS-registered mortgage loan data reconciliation requirements set forth in the MERS Governing Documents.

(e) MERS signing officer A Seller/Servicer must ensure that only its duly authorized officers or employees, as appointed by MERS pursuant to a MERS corporate resolution, are permitted to act as MERS signing officers.

(f) Deactivation of Mortgages from MERSA Servicer may, in its discretion, "deactivate" a Mortgage from the MERS System. Upon deactivation, the Servicer must prepare an assignment of the Mortgage from MERS to itself in recordable form and, where required by law, record the executed assignment in the applicable public land records. MERS will notify Freddie Mac of the deactivation of any Mortgage in which Freddie Mac has an interest.