Is MERS Commercial About To Break The CMBS Market?

Tyler Durden's picture

The irresponsible actions by MERS are rapidly becoming the stuff of folklore: from their direct and indirect involvement in every fraudclosure, to the president himself falling for what appears to be a MERS agent with a split signature personality, to MERS just-released refutation of it ever having done something wrong, the hammer on MERS seems to be preparing to fall with a resounding thud. Yet with everyone focusing on MERS' involvement in the residential mortgage space, pundits have ignored that "other" space where MERS made the possibility of outright robosigning fraud a distinct possibility - commercial real estate. For specifics one has to go back 7 years in time, to July 28, 2003, and read the following press release from the company titled: "MERS Liberates Commercial Marketplace From Assignments" in which we read that "MERS announces the release of its latest
product, MERS® Commercial, designed to eliminate the repurchase risk and
costs associated with preparing, recording and tracking assignments for
the commercial mortgage-backed securities (CMBS) marketplace." Ah yes, how convenient for MERS to come to the CMBS market with a "time saving" yet fraud facilitating product, at precisely the time when various CMBS issues would start propagating and flooding the market with hundreds of billions of commercial real estate securitizations. Which begs the question: if residential mortgage foreclosures are being halted and if the very fabric of the MBS securitization architecture is put into question, when will someone ask whether MERS
® Commercial allowed such pervasive title fraud as is now apparently ubiquitous in the residential space, to take the CMBS space by storm, and how many billions in dollars will Banc of America Securities, Bear Stearns (d/b/a JP Morgan), GE Capital Real Estate, GMAC Commercial, John Hancock and Wells Fargo be forced to buy back loans that were fraudulently certified.

Reading through the MERS press release:

Commercial originators and issuers can save hundreds of dollars in preparing and recording assignments; in cases of cross-collateralized loans, the savings can be in the thousands. Missing interim assignments are eliminated, making the lien release process more efficient for commercial servicers. MERS® Commercial also allows special servicers to foreclose more efficiently by eliminating the problem of missing interim assignments.

“MERS undertook the task of developing this product with the endorsement of the Mortgage Bankers Association of America and the Commercial Mortgage Securities Association,” said R.K. Arnold, President & CEO of MERS. “It was mainly driven by a need in the commercial marketplace for a simpler loan process, elimination of paperwork and cost-savings.”

The first MERS® Commercial loan closed on July 10, 2003 by Bank of America for approximately $300 million. It was collateralized by over 40 properties in over 20 states.

MERS® Commercial allowed us to more easily originate this complex loan for Bank of America,” said Joe Forte, senior partner at Dechert LLP. “The MERS team was exceptionally responsive to our inquiries. Within 24 hours, they answered all our questions and gave us all the information we needed to close the deal. I believe that the use of MERS® Commercial will quickly become the standard in CMBS transactions.”

We are excited about the value that MERS® Commercial brings to the commercial lending industry,” said Janice Smith, head of CMBS conduit operations for Banc of America Securities. “This product addresses the longstanding industry problem involving missing or improperly recorded assignments, while also substantially streamlining the overall loan transfer process. We believe that MERS® Commercial will play an important role in helping the CMBS market maintain its liquidity by making loan transfers simple and efficient.”

MERS® Commercial for the CMBS marketplace is designed especially for use by issuers, master servicers, custodians, originators and special servicers. It is easily accessed through the Internet, through a secure, password-protected web-based interface. It supports loan structures with multiple promissory notes and multiple properties in the collateral structure, and provides a method to identify how many security instruments and UCC documents were present at the time of loan closing.

MERS® Commercial streamlines the final certification process,” said Dan McLaughlin, Executive Vice President, Product Division, for MERS. “It reduces the risk that a lender will have to repurchase a loan.”

MERS® Commercial has been jointly funded by Banc of America Securities, Bear Stearns, GE Capital Real Estate, GMAC Commercial, John Hancock and Wells Fargo.

“It is important for the success of this effort that the industry’s critical players are involved and committed,” said Carson Mullen, Executive Vice President, MERS Customer Division. “They have given their financial support from the outset, as well as their participation in the development of the final product.”

"We are excited about the potential for MERS® Commercial," said Mary Anne Ashmore, Chair of the CMSA/MBA Task Force on Loan Document Integrity and First Vice President of ABN AMRO/LaSalle Bank,. "In addition to reducing the risks associated with collateral documents, it also significantly reduces the costs associated with assigning the collateral to the Trusts. This makes it a perfect solution for our industry."

Oopsie. Perhaps the perfect solution to the CMBS industry will also just end up being its perfect downfall. At least we now know that once MERS fraud is exposed for all to see, that Banc of America Securities, Bear Stearns (d/b/a JP Morgan), GE Capital Real Estate, GMAC Commercial, John Hancock and Wells Fargo (and likely many others), will soon be forced to "repurchase all those loans" they thought were safe in the title certifiation department.

We, for one, can't wait to see how long the CMBS market tries to stay mum about this so overdue next leg down in the commercial mortgage industry. On the other hand, with various CMBX tranches trading close to all time highs, it may be a fitting epilogue to the most contrarian story in the history of commercial real estate. Plus it is not like any one of those tenants are actually paying their rents.

If nothing else, it will at least force Bernanke to finally step in and destroy all speculations and rumors that the Fed may actually allow the commercial mortgage backed security industry to fail, even as intrinsic securities' valuations are rapidly dwindling courtesy of the second great depression.

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Turd Ferguson's picture

Estimates of QE2 are grossly too low. Try $5T on for size. Got gold?

Now, take this to its conclusion....

The Fed buys all worthless CMOs. The Fed becomes beneficial owner of the vast majority of US residential real estate.

At the demise of the Weimar, the Germans issued new currency backed with the only hard asset they had...real estate. 

Not sayin. Just sayin.

Keri at Bankster Report's picture

The nation's largest title insurance company, Old Republic, is no longer offering title insurance to JPM or Ally Bank foreclosure sales:

Holy smokes.  This is huge!  The title insurance companies even know that they can't trust the banks!

Ripped Chunk's picture

Title insurance had to be the next shoe to drop.

title examiner's picture

Title Insurance should have been the first shoe to drop and it should have dropped years ago.

It isn't like they didn't know at the very beginning and it isn't like Title Examiners around the country weren't complaining--and being squelched via blacklisting.


You'd best turn your thoughts to a soviet style collapse and how to get through that.  Agriculture and distribution come to mind.



davidsmith's picture

No, as I have said since July, it's $7 trillion, with $5 trillion more in the pipeline for spring.


And don't forget the stealth monetization!!


By the way, wait til you see the drop in California tax revenues.  Word to the wise!!

davidsmith's picture

"U.S. households have $70 trillion in assets," Sumerlin explained during a live interview. "And the Fed essentially needs to buy enough Treasurys and mortgages that you can get a bid on all those other assets. And when you have leakage in the international system it takes a pretty big amount to be successful. To me, it starts to get interesting at six to seven trillion dollars."


Sumerlin is OK, but his focus has ALWAYS been too narrow.


For example, Americans do NOT have $70 trillion.  Their realistically realizable assets (and remember, it's Sumerlin's premise that we are talking about the real world here) are about $12 to $14 trillion.


That's why I say $7 trillion now and $5 trillion in early spring 2011.  Because, once that is done, Americans will have nothing, really, more to loot.


And that's what this liquidationist process is all about: it's about looting the middle class.


When will we know that it has been successful?  When the unemployment rate for people with a Bachelor's degree or higher starts to zoom.  I'm using the BLS figure here, which said that unemployment in this class (dare I use the "class" word?), actually DECLINED from 4.6% to 4.4% last month.


Meaning?  Meaning that the political system is free to loot to its heart's content, because our useless, fascist overpaid clockwatchers are still trudging to their stations.


This class of worms is next in liquidation's crosshairs.  They will lose everything they have: house, job, assets.  It will all be taken from them.  And until the process is complete, they will be unaware of it.  Boiling frog or something like that?  Anyway, this group of ants is doomed.  Bye bye.  The garbage can of history awaits you.

SteveNYC's picture

Those numbers would surely crash all markets, currencies, and economies instantaneously. I don't see this happening at all.....

....and in the chance we do, bye bye Bernanke.

cossack55's picture

Does that mean I will have to repaint my house to like like a FRN denominated at ???  I do have some Zimbab 100 Trillion bills left to us as a template. High enough???

LeBalance's picture

With only 5 $1T bullets in his revolver does Ben feel like a MAN?

Can he say, "Well this is a .44 magum intervention and it will devalue our currency by a clean 2%.  You've got to ask yourself one question, do you feel Trichet? Well, do ya [Vlad/Wen]?"

Of course he can't.

Now with a "until the problem is solved" number of undisclosed denominated bullets, he feels like he has the bulge that delivers.

He can sit down with his compadres and not feel light in the drawers.

Keri at Bankster Report's picture

MERS, Citibank, and Ally sued in civil RICO suit:

RICO--Racketeering-Influenced and Corrupt Organizations act.  A suitable title for all of them!

Bob's picture


Courtesy of user Careless Whispers :


let's take a look at who owns MERS:

here's a deposition of an officer of MERS admitting zero employees for the past five years!

hey, all you wanna be fraudsters, for $95 per month you too can have a virtual office at the same address where MERS has their "global headquarters" with zero employees; 1818 library street, reston virginia 20190


It looks like MERS is a shell corporation founded and operated by the MBS banks.

williambanzai7's picture

Very interesting. MERS is a server farm.

gecko_x2's picture

this guy found the farm:

from the site:

"EBR is a research, development, and analysis company that focuses on supporting efficient and effective decision making. The company uses extensive scientific, technical, and intelligence expertise to develop relevant, insightful, and effective solutions to critical issues. Since its founding in 1987, EBR has completed hundreds of successful projects for government, private sector, and international clients, including better approaches to command and control for coalition missions ranging from warfighting to peacekeeping and disaster relief; acquisition of actionable competitive intelligence; valid and reliable measurement of organizational and institutional performance; modeling complex phenomena such as irregular warfare and future information technology architectures and systems; designing and executing experiments that link emerging ideas to practical innovation; as well as tracking and forecasting political, social, and economic trends."


'ranging from warfighting to peacekeeping and disaster relief '

Seems pretty handy for them to have the complete database of US homeowners..

ZackAttack's picture

At the demise of the Weimar, the Germans issued new currency backed with the only hard asset they had...real estate. 

Yep, and French assignats, backed by seized private (church) lands.

This time, Bernanke Bucks will be backed by MBS paper, and nonconvertible.


davidsmith's picture

Very good, and very good at building up the links showing us the U.S. government's orchestration of the conspiracy




Keep your eye on the ball.  This is what is going on and it is the ONLY thing that's going on.  The rest--HAMP, MERS, MBS--all the rest of it, is a




to blow smoke in your face, so that you don't see that what is really going on is a conspiracy



Bob's picture

No shit it's a conspiracy of govsters and banksters to hide and shift bad debt onto taxpayers.  I think most of us assume that.  Common sense? 

The tricky part is finding the evidence and spreading the word. 

gmrpeabody's picture

Does all this mean that I should start a FAZ position in my portfolio?

Bob's picture

Maybe, but my guess is they'll outlaw the inverse ETF's or close down the markets before that bet pays like it should. 

Freebird's picture

From the Great Transfer of Wealth and other spine tingling tales...

Shameful's picture

Could even still sell the ownership society.  "See we are the government and the government owns the houses, so we al own the houses!".  But then that is assuming the Fed hands over assets to the Gov after the currency collapse.  Since it's private seems t me that they will walk the good assets out the back door at fire sale prices.  If it works for hte mob...

As to 5 trillion more, yeah that's feasible.  But it won't end, the trigger for the rapid downward move will be the foreigners realizing "My God their self immolating and keep in pouring on the gas...I don't think they are going to stop..." 

tpberg7's picture

One currency to rule them all and in the darkness bind them!

breezer1's picture

 if this is to be the final nail in the coffin then they will need to get another coffin, too many nails in the first one.

TraderTimm's picture

Yeah, sad thing when you start out with a classy walnut coffin, then it ends up being mostly bent stubby nails. The circular tops reflecting enough light to look like a leaden disco-ball.

The next coffin should be something cheaper, perhaps balsa or pine.

davidsmith's picture

When will you realize that this entire fraud scheme--from commercial real estate to residential real estate, from HAMP denials to robosigning--is designed to do one thing and one thing only:




Wait til depositions bring out the fact that this was directed entirely from the top.  Like my friend said who used to work at Wells, after a certain point the bank was crawling with treasury agents.  The entire thing is a conspiracy to defraud directed right from the top.


Wait and see.  You mark my words.

greyghost's picture

well there is another good point....this is why when growing up...THE LIE...THE COVERUP... was always far worst than whatever rule you broke! the punishment was always far worst

LeBalance's picture

The analogy of an infinite number of dominoes struck and falling.  Each one carrying with it enough financial momentum to topple countries, but magically never encountering the effect plane.  Magically levitated by the power of sweet nothing.

To join its brethren in purgatory awaiting the death of confidence.

And who knows when that date is?  It is planned surely as then the propagandic floodgates shall blare their Black Swan Song.

War, Bust, Famine, .....

And William Shatner shall overact and call for .... More Power....  More Power to Me or You are All Dead.

The world's dumb masses (dum asses) will respond: "Anything, Save US!"

/excuse me I need to pray to the porcelain god, on knees yet./

chet's picture

Remember when people used to go to jail for doing illegal stuff?

Bob's picture

They still do, in record and world-leading numbers.  It's just that they're the incompetent petty criminals. 

RockyRacoon's picture

It's not what you do but who you are.  But that hasn't changed much has it?

firstdivision's picture


you forgot to highlight the best part, that made me laugh

This product addresses the longstanding industry problem involving missing or improperly recorded assignments, while also substantially streamlining the overall loan transfer process.

Rodent Freikorps's picture

I'm not paying for this.

I will not comply.

greyghost's picture

wow...i was asking the other day about the cre market and their paper work. looks like another bad day at blackrock[not the company for the kids out there].  was watching the lame street media earlier, they are not even scratching the  surface yet. one lady was all a flutter about the florida forclosure condo she was buying was halted...not a word about the possiblity the deed might be tainted or that a title company might not want to touch this with a ten foot pole.......clueless in florida!!!!

eatthebanksters's picture

Most lame stream media reporters aren't smart enough to reallyunderstand what's going on...CNN is at the top of the list...there was some bimbo on last night that basically said the problem would be cleared up in the next couple of weeks...she never even said what the 'problem' was.

NOTW777's picture

"Missing interim assignments are eliminated"

how?  by ignoring them?

w/o assignments there is no legal transfer and or gaps in chain of title

Rusty_Shackleford's picture

All the more reason for SRS to continue it's journey to zero and REIT's to rally.

scatterbrains's picture

I'm confused.. could it mean the reits might stop making mortgage payments until they figure out who they owe ? That would be bullish no ?

win's picture

Wonder what this will do to GDP

Bob's picture

Just wondering if MERSCommercial is run out of the same post office box that their Residential arm is? 

eatthebanksters's picture

Isn't their mailing address in Louisiana, right next door to the former ACORN World HQ?

Milestones's picture

The entire world is now straight out of looney tunes. I suggested that B9D9 do a comic book of yesterdays drawings--man talk about undershoting the mark!!

I have been banging in and around this world for some time but never in my wildest smoked up dreams could I have put something like what has happened in the last 5-7 years together. The Wizzard of Oz couldn't top this.   Milestones

gwar5's picture

More and more bad news. It looks like things will go south pretty quickly. Word is getting out and going mainstream and won't be long before they cause run on run on banks/dolllar