Settleware ‘No Brainer’ blog

FOR IMMEDIATE RELEASE

CONTACT:  Jason Lobo

Phone: 703.652.1660

Email: jasonl@mersinc.org

Statement from Janis L. Smith, Vice President for Corporate Communications

MERSCORP Holdings, Inc. on the Washington Supreme Court Decision

 Reston, Virginia, August 16, 2012 – Today’s Washington Supreme Court opinion held that if Mortgage Electronic Registration Systems, Inc. (MERS) is not the promissory note-holder, then it is not considered to be the beneficiary for purposes of non-judicial foreclosures in Washington.  The court does not find that deeds of trust that name MERS as beneficiary are invalid and states that there is nothing in this opinion that prevents the parties from proceeding with judicial foreclosures.  Nor does it prohibit MERS from acting as mortgagee in the land records or a lenders’ use of the MERS^® System to track changes in mortgage servicing and ownership of the promissory note.

As we have maintained consistently, MERS is an agent of lenders and their successors and assigns.  In fact, the opinion written by Justice Tom Chambers states: “nothing in this opinion should be construed to suggest an agent cannot represent the holder of a note.  Washington law, and the deed of trust act itself, approves of the use of agents.”  The opinion also states: “MERS notes, correctly, that we have [the Court has] held ‘an agency relationship results from…consent by one person that another shall act on his behalf…’”

MERS ceased commencing foreclosures in its name over a year ago, so this opinion does not impact its current operations.  The opinion will, however, create confusion for Washington homeowners while the trial courts consider its effect on pending cases.  We remain confident that MERS’ role in the U.S. housing finance system is valid and will withstand legal challenges.

For descriptions of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit www.mersinc.org. 

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MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS^® System and all other MERS^® products.  It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions.  Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS^® System, and is a nominee (or agent) for the owner of the promissory note.  The MERS^® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.

Settleware Secure Services, Inc., a pioneer of the e-signing industry, was recently awarded a patent for its paperless real estate and mortgage transaction technology.

NEWPORT BEACH, CA, June 25, 2012—On June 19, the U.S. Patent and Trademark Office expanded Settleware Secure Services, Inc’s. Patent portfolio by awarding the company patent No. 8,204,807 relating to its innovative e-signing technology.

Settleware’s e-signing technology is the first and only end-to-end real estate solution that enables any party involved in a transaction to use electronic and digital signatures to sign documents seamlessly and securely at any time online. It is also the only commercial solution certified by the real estate and mortgage industry, including lenders, secretaries of state, county recorders, MERS eRegistry and Fannie Mae.

Settleware’s technology continues the advancement of paperless technology and transactions throughout various market segments including the real estate and mortgage industries.

With Settleware’s e-signing technology, users do not have to chase down signatures or worry about missing pages. Documents protected by Settleware are 100 percent compliant and tamper sealed to guarantee integrity and confidentiality.

Service providers such as mortgage lenders, real estate agents, escrow settlement agents, and notaries save time and money with the help of Settleware’s e-signing process. They will not misfile, need to re-key or have to track down missing signatures, initials or pages.

“After working in the real estate industry for three decades, I saw that there was a need to streamline real estate and mortgage transactions,” said Rick Triola, founder and CEO of Settleware. “I knew there had to be a better way to conduct business, and Settleware is proud to provide that solution.  This announcement is proof of the novelty of Settlware’s e-signing technology. It is a game-changer because it solves the problem of paper and eliminates the associated stress inherent with typically the largest purchase most consumers would ever make in their lifetime. ‘Pen on paper’ will soon be a thing of the past.”

About Settleware Secure Services, Inc.

Settleware has been known as the pioneer and expert e-signing business for the real estate and mortgage industries for more than a decade. Its multi-patented technology enables paperless transactions between numerous parties and protects all documents involved in the electronic process, ensuring security and confidentiality. For more information, call 888-632-3833 or visit www.settleware.com.

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June 14, 2010-NY Times
Fed Study Suggests Rates Will Stay at Record Lows Until ’12
By SEWELL CHAN
WASHINGTON — Given high unemployment and low inflation, the Federal Reserve is likely to wait until 2012 before it starts to raise interest rates, a new Fed research paper states.

The paper, released Monday by the Federal Reserve Bank of San Francisco, does not represent the official position of the central bank, whose governors have declined to specify when they might begin to raise rates. The benchmark short-term interest rate, known as the federal funds rate, has been essentially zero since December 2008, and most economists estimate that the Fed will increase it earlier than 2012.

But the paper, by Glenn D. Rudebusch, a senior vice president and associate director of research at the San Francisco Fed, is notable for its plainspoken conclusion. It could carry added significance because Janet L. Yellen, the president of the San Francisco Fed, is President Obama’s nominee to be vice chairwoman of the central bank.

“Fed staff economists rarely come so close to making specific forecasts of — or recommendations for — monetary policy, but I suspect Glenn’s views are shared by many others on the staff,” said Joseph E. Gagnon, a former Fed economist and now a senior fellow at the Peterson Institute for International Economics.

Mr. Rudebusch concluded from Fed decisions over the last two decades that there was a statistical relationship between core consumer price inflation and the gap between actual unemployment and the natural, or normal, rate of unemployment.

Given that relationship, as the recession worsened and inflation slowed in 2009, the Fed in theory should have lowered the federal funds rate by another 5 percent, Mr. Rudebusch wrote. In reality, since the Fed had already hit what it calls the “zero lower bound,” this was impossible; the central bank left its target range for the fed funds rate at zero to 0.25 percent.

“To deliver future monetary stimulus consistent with the past— and ignoring the zero lower bound — the funds rate would be negative until late 2012,” Mr. Rudebusch wrote. “In practice, this suggests little need to raise the funds rate target above its zero lower bound anytime soon.”

Mr. Rudebusch sought to address several objections, so far voiced by a minority of Fed policy makers, to keeping the federal funds rate near zero.

If the rate were raised too soon, it would be hard to reverse course, whereas if tightening is started too late, the Fed could catch up by raising rates at a rapid pace, he argued.

And while a few Fed officials have argued that extraordinarily low interest rates could lead to new price bubbles, or excessive leverage and speculation by banks, Mr. Rudebusch argued that the relationship between short-term interest rates and financial imbalances was “quite erratic and poorly understood,” noting that Japan had very low interest rates for about 15 years without those problems.

In addition, Mr. Rudebusch said the federal funds rate was less central than in the past because the Fed has been buying mortgage bonds and Treasury securities to hold down long-term rates.

“Changes in long-term interest rates have much larger effects on the economy than equal-sized changes in short-term interest rates,” he wrote.

Assuming that the Fed holds onto the roughly $2 trillion in mortgage-backed securities and Treasury debt on its books, the Fed would not need to start raising rates until the beginning of 2012, he wrote.

MBA Report Predicts
A Rough Recovery
in From The Orb
By MortgageOrb.com on Monday 10 May 2010

The slow economic recovery and the lack of substantial job growth could cause negative, lasting effects on the housing markets, according to a study released by the Mortgage Bankers Association (MBA).

The study, titled “Household Reaction to the Financial Crisis: Scared or Scarred?” and sponsored by the MBA’s Research Institute for Housing America (RIHA), analyzes how Americans will respond to the current crisis in terms of consumer spending, saving rates, credit supply and implications for the strength of the economic recovery, with a focus on the housing markets.

“On the housing front, it is unlikely that the dramatic rise in loan delinquencies, home foreclosures and bankruptcies will show a meaningful decrease, as high unemployment and low house prices are widely projected to remain for an extended period, as well as the rise in problem loans at banks that will restrain their willingness and ability to provide credit,” says Prof. Joe Peek of the University of Kentucky, who conducted the research for the report.

The report also determines that banks remain in weak financial health and are unlikely to substantially increase credit supplies in the near term. As a result, the report predicts that many households will emerge from the recession with severely damaged credit ratings, hindering their ability to access credit for years to come.

Furthermore, the report states that credit underwriting and pricing models developed with data from years prior to the current economic crisis were heavily influenced by experience with moderate macroeconomic volatility. As a result, the current downturn will likely play an outsized role in credit decisions over the intermediate term.

The full report, which also examines household wealth, unemployment and underemployment, and the challenges facing college students entering a stagnant job market, is available online at the RIHA website.

SOURCE: Mortgage Bankers Association