I guess since I asked for a title problem, I should see it through.

1. MERS is the nomineee capacity for the beneficial owner of a mortgage lona in land records.

2. Interests are not transfered through MERS, ONLY TRACKED.

3. Read the granting clause and the disclosure clause which specifically grants MERS  "in-rem"

4. You are both missing the point. MERS main purposes is so assignments don't have to be filed. Therefore, you will not see the entire chain of assignments recorded in the County. Florida and many other States require no filing of assignments. So, the only one that does have the complete chain of assignments is; MERS!

I'm certainly not going to preach title evidence to this crowd as there are many with more experience than I, but I will ask this question. When you hit a break in the chain of title/assignments/ownership, etc do you simply list the cloud and move on, or do you continue digging and find the link?

I am trying to get you to see the point, MERS may not have recorded every assignment on that property; but they do, without a doubt, retain the ability through their granting and disclosure clauses the power to assign at will, if ownership has changed hands. They retain the mortgagee capacity until the note is released. (Regardless of who owns it)  It is in their contract with whoever the originating lender is.

Once again you need to take a look at the MERS chain to uncloud the title. You can get a membership through ALTA for $75.00. I know some County websites that charge more than that.