MERS® Link is a service that allows organizations to retrieve summary information regarding Mortgage loans registered on the MERS® System, including the loan’s current Servicer and any Property Preservation Company associated with the property. Because MERS® Link is accessed through MERS® OnLine, the browser-based interface to the MERS® System, use of MERS® Link requires membership in the MERS® System.
MERS® Link Terms and Conditions
- MERSCORP Holdings, Inc., (“MERSCORP”) and Mortgage Electronic Registration Systems, Inc., (“MERS”, and collectively, the “MERS Entities”) and the MERS® Link Member (“Member”) shall abide by these Terms and Conditions (“T&C”). The MERS Entities reserve the right, in their sole discretion, to amend, change or modify all or any part of the T&C at any time by providing Member with at least thirty (30) days’ prior written notice (which may be by electronic mail), and the Member shall be bound by any such amendment to the T&C.
- The Member agrees that the use of the MERS® System will be for lawful business purposes only. Information accessed from the MERS® System (other than information that the Member already possesses) may not be used as a factor in determining a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, for employment, for a government-issued license, to retain an existing credit account, or in assessing a consumer’s credit or payment risks with respect to an existing obligation. Members shall not redistribute, republish or create derivative works from the MERS® System or any information accessed from the MERS® System (other than information that the Member already possesses). The Member understands and accepts that through its MERS® Link Membership the MERS® System is intended to be used solely to (a) provide servicer information to the Member in order to obtain a payoff of a mortgage loan, and (b) provide contact information for the property preservation company associated with a particular mortgage loan.
- Upon the Member’s completion of the Application and the payment of the current annual Membership Fee, the Member will be provided with access to the MERS® System. An Organizational ID number will be assigned to each Member. The Member’s access to the MERS® System and the Organizational ID number assigned to Member are specific to Member and may not be assigned, transferred or sublicensed without the MERS Entities’ prior written consent. The Member shall not permit unauthorized users to access the MERS® System using its Organizational ID number. The Member shall not charge to reveal, redistribute or republish any information retrieved from the MERS® System to any other party.
- Each Member is required, at least monthly, to review and reconcile the information in its Member Profile to ensure that it is accurate and current including, but not limited to, the following contacts: Executive Sponsor, Customer Service-Primary, Legal, Operational-Primary, QA, and System Administrator-Primary. Each Member is also required to keep its Accounts Billing Contact accurate and current. Any changes to a Member’s Accounts Billing Contact or to a Member’s legal ownership or name must be reported to MERSCORP using the MERS® Change Request Form.
- Each Member is responsible for creating and maintaining a unique User ID for each employee of the Member that requires online access to the MERS® System. User IDs must not be shared by multiple individuals and must only be provided to employees of the Member. A user’s access to the MERS® System must be promptly disabled or deleted upon employee termination or resignation and must be modified as appropriate when the employee’s duties and responsibilities change with respect to the MERS® System. User access to the MERS® System must be reviewed at least annually to determine if any changes are necessary based upon the employee’s current duties and responsibilities.
- The Member will have access to all loans maintained on the MERS® System, with the following capabilities.
- MIN Find: Cross reference loan information associated with a Mortgage Identification Number (“MIN”) when only the borrower name, social security number or property address is known.
- MIN Information: receive the following information when a valid MIN is entered:
- Full borrower name(s)
- Property address and County
- Note amount and note date
- Status (Active or Inactive)
- Current servicer/subservicer identification and contact information
- Originating organization
- Property preservation company identification and contact information (if present)
- HTML link to web site of servicer/subservicer (if available). To the extent that Members offer payoff information through their websites, the MERS Entities may provide such a link; however, the MERS Entities cannot guarantee that payoff information will be accurate or available for any specific servicer.
- Ability to retrieve, print, and store information on multiple MIN hits.
- The Member shall indemnify and hold harmless the MERS Entities, and any employee, director, officer, agent or affiliate of the MERS Entities from any and all claims, costs or fees incurred by or that result from the Member’s use of any information retrieved from the MERS® System.
The Member understands and accepts that any information retrieved from the MERS® System should be independently verified. The MERS Entities do not in any way warrant or guarantee that the MERS® System or web services will be uninterrupted. The MERS Entities do not verify the accuracy of information on the MERS® System, nor do the MERS Entities warrant the reliability of any information retrieved from the MERS® System since the accuracy of all information is the responsibility of MERS® System Members who enter and update the information in the MERS® System. The MERS Entities MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE MERS® SYSTEM OR ANY INFORMATION PROVIDED THEREIN. Member expressly agrees that the entire risk as to the quality and performance of MERS® System and the accuracy or completeness of the content is assumed solely by Member.
THE MERS Entities SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE MERS® SYSTEM, ANY PART THEREOF OR ANY RELATED SERVICES.
- The MERS Entities may change, suspend or discontinue all or any aspect of the MERS® Link Membership type at any time, including the availability of any database, feature, or content, without prior notice or liability. The MERS Entities, in their sole discretion, have the right to terminate the Member’s access to the MERS® System if the MERS Entities determine that the Member is using the MERS® System for purposes other than its intended use as defined in these T&C.
- These T&C, and all transactions effected by the Member with the MERS Entities, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law provisions.
- Any notice or other communication which is required or permitted to be given to the MERS Entities pursuant to these T&C shall be given in writing, and shall be sent either (1) via email to [email protected] (delivery receipt requested); (2) via registered or certified mail (return receipt requested and postage prepaid) to General Counsel, 1818 Library Street, Suite 410, Reston, VA 20190; (3) via a nationally recognized overnight courier (prepaid and providing proof of delivery) to that address; or (4) via any other method approved by MERSCORP.
- Neither the Member nor the MERS Entities shall institute a proceeding before any tribunal to resolve any controversy or claim arising out of or relating to these T&C (a “Dispute”), before such party has sought to resolve the Dispute through direct negotiation with the other party. If the Dispute is not resolved within thirty (30) days after a written demand for direct negotiation, and if the parties have not mutually agreed to extend this period, the parties may settle the Dispute by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided, however, that the place of arbitration shall be the Fairfax County, Virginia, and fees and expenses for the arbitration proceedings shall be paid by the party initiating arbitration. Each party to the arbitration shall otherwise bear its own costs and expenses including attorneys’ fees and costs. Arbitration shall be the sole and final recourse for resolution of the Dispute.