[WSBARP] Foreclosure of Water District Lien - Serving MERS-Wells Fargo

[Inge Fordham]

The MERS entity listed with the WA Secretary of State is not the real MERS.  It was formed by a guy who tried to solicit payment from MERS for accepting (and forwarding) legal notices.  There were similar entities formed in other states for the same purpose.  If you google it, you’ll find articles, cases, etc.

Mortgage Electronic Registration Systems, Inc. is a Delaware corporation with its headquarters in Reston, Virginia.  That’s where you would normally serve MERS.  As a result of lockdown procedures in effect, MERS is not accepting service at its Reston, VA location.  It is directing process servers to serve its Danville, IL location.  Many national process serving companies are familiar with service on MERS and will handle this for you.  Happy to forward contact information for a company I recently used, if that would be helpful.

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jeff Davis <jeff at bellanddavispllc.com>
Organization: Bell & Davis
Reply-To: "jeff at bellanddavispllc.com" <jeff at bellanddavispllc.com>, WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Wednesday, April 15, 2020 at 3:01 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Foreclosure of Water District Lien - Serving MERS-Wells Fargo

Listmates,

I am preparing to foreclose a water district lien under RCW 57.08.081(4).  The initial “pre-sale” title report disclosed a first deed of trust in favor of a private lender from Utah.  I wrote them hoping to have them pay the outstanding water bill and add it to the homeowners loan balance.  They wrote back saying all lender rights were sold to Wells Fargo Bank, N.A.  I then wrote Wells Fargo a similar demand letter but received no response.

In ordering the litigation guarantee (Ig), I provided the Title Company with the private lender’s response letter.  The lg still reflects only the private lender and that MERS is the nominee for the Lender and Lender’s Successors and Assign.  First question, do I name the private lender, Wells Fargo, both, and MERS?  Second, the Secretary of States files show that MERS is inactive as of 09/25/2009.  I realize there was a large suit over MERS but thought the matter is resolved.  Is there another MERS entity?  I assume there is, as the property owner took out the loan in 2011.

Your suggestions would be greatly appreciated.

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129

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