MERS or Mortgage Electronic Registration Systems brings to the table a variety compelling discovery to a foreclosure counterclaim. Take for example the MERS assignment.
The assignment is prepared on or about the date of the loan closing. It attaches to the note and stays attached upon its travels to the successors or assignees location.
So a MERS assignment prepared on 12/30/2005 for loans originated in California are delivered to a creditor in blank. The assignment stays with the collateral agent held for Creditor and obligations owed by Lender as obligor for the advances made into settlement.
The assignment printed in California is therefore executed in Florida by an attorney in fact for example on 12/31/2015. It acts in place of an allonge or endorsement as well as satisfy the assignment in appearant good faith .
This however is not a bad condition for the case you should be making ….