Is this the way it usually goes when a lender has two loans on the property involving MERS? I thought the second mortgage would be dealt with later.
If there is a second mortgage on a property, that party must be brought into any foreclosure process. They will be a named party or they will be notified by one of the tracking services that a property they have an interest in is involved in a foreclosure (typically through the lis pendens data miners).
If MERS is sued along with the homeowner, and a lawyer suddenly appears in the case representing MERS, who would have initiated the legal representation since MERS is an electronic system?
This is again, not legal advice, but a company cannot represent itself in court - they must have a local firm appear on their behalf.
It seems to be a conflict of interest at the least for MERS to be a defendant who assigns the mortgage via the plaintiff's law firm who acts as MERS' officer so the plaintiff can sue MERS.
I am lost. Can anybody keep all of this straight?
But there's some confusion here - why was MERS a defendant along with the homeowner in a foreclosure? Who is the plaintiff?