[WSBARP] Service on MERS

Kelby Derenick kelby at derenicklaw.com
Wed May 3 10:48:31 PDT 2023


I always serve both.

Kelby J. Derenick
Attorney

*9414 State Ave., Suite E*

*Marysville, WA 98270Ph: (206) 659-5061*


*14 E. Main Street, Suite 207*
*Walla Walla, WA 99362*
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On Wed, May 3, 2023 at 10:24 AM John McCrady <j.mccrady at pstitle.com> wrote:

> Anyone who does foreclosure work:  When service is required on a junior
> mortgagee whose interest is held by MERS as nominee, is it your practice to
> serve both MERS and the Lender as shown on the Deed of Trust.
>
> I think the MERS rider is ambiguous, but I lean toward serving the Lender
> at the Lender’s address in the Deed of Trust, and also serving MERS.
>
>
>
> Section B states:
>
>  Lender, as the beneficiary under this Security Instrument, designates
> MERS as the Nominee for Lender. Any notice required by Applicable Law or
> this Security Instrument to be served on Lender must be served on MERS as
> the designated Nominee for Lender.
>
>
>
> Section C states, in 16 (d):
>
> (d) Notices to Lender. Any notice to Lender will be given by delivering
> it or by mailing it by first class mail to Lender's address stated in this
> Security Instrument unless Lender has designated another address
> (including an Electronic Address} by notice to Borrower. Any notice in
> connection with this Security Instrument will be deemed to have been given
> to Lender only when actually received by Lender at Lender's designated
> address (which may include an Electronic Address). If any notice to Lender
> required by this Security Instrument is also required under Applicable Law,
> the Applicable Law
>
>  requirement will satisfy the corresponding requirement under this
> Security Instrument.
>
> '
>
> Borrower acknowledges that any notice Borrower provides to Lender must
> *also* be provided to MERS as Nominee for Lender until MERS' Nominee
> interest is terminated. Any notice provided by Borrower in connection with
> this Security Instrument will be deemed to have been given to MERS only
> when actually received by MERS.
>
>
>
> John McCrady
>
> Counsel
>
> Puget Sound Title Company
>
> 5350 Orchard Street West
>
> University Place WA 98467
>
> 253-476-5721
>
> j.mccrady at pstitle.com
>
>
>
>
>
>
>
> *Beginning July 26, 2021, recording fees for most documents recorded in
> Washington will increase by $100
> <https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->.
> Please be sure to collect recording fees accordingly. Due to the above
> increase, our Reconveyance fees will also be increased by $100.00*
>
>
>
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