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Mers Form Law document sample

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							Procedures




  Release 1.0
 April 2, 2010
Contents
Introduction                                                                                                                   1
    Purpose ................................................................................................................... 1
    Structure .................................................................................................................. 1

Membership in MERS® FraudALERT                                                                                                 2
    Overview .................................................................................................................. 2
    Requirements .......................................................................................................... 2
    Business Procedure – Current MERS Member .................................................... 2
    Business Procedure – New MERS Member .......................................................... 3

System Security                                                                                                                4
    Overview .................................................................................................................. 4
    Requirements .......................................................................................................... 4
    Business Procedure—MERS ................................................................................. 4
    Business Procedure—Member .............................................................................. 5
    Business Procedure—When Using Third Party Service Providers .................... 5

Loan Data Submission                                                                                                           6
    Overview .................................................................................................................. 6
    Requirements .......................................................................................................... 6
    Business Procedure – Submit Loan Data ............................................................. 6
    Business Procedure – View Loan Data ................................................................. 7

Incident Reports                                                                                                               8
    Overview .................................................................................................................. 8
    Requirements .......................................................................................................... 8
    Business Procedure – Create Incident Report ................................................... 10
    Business Procedure – View Incident Report ...................................................... 11
    Business Procedure – Edit Incident Report ....................................................... 12
    Business Procedure – Disputed Incident Report ............................................... 12

Notifications                                                                                                                13
    Overview ................................................................................................................ 13
    Requirements ........................................................................................................ 13
    Business Procedures ........................................................................................... 13




                                                                                                                   Contents  i
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
Reporting                                                                                                                  14
    Overview ................................................................................................................ 14
    Business Procedure – Retrieving Reports ......................................................... 14

MERS® FraudALERT Help Desk                                                                                                 15
    Overview ................................................................................................................ 15
    Business Procedure ............................................................................................. 15

Glossary                                                                                                                   17




                                                                                                                Contents  ii
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                            Introduction
                             Purpose
                             This manual serves as a general overview of how business
                             processes in mortgage banking are affected by MERS®
                             FraudALERT. Use this manual in conjunction with other sources
                             of instruction and guidelines, including, but not limited to the
                             following:
                                    MERS® FraudALERT Online User Guide
                                     Gives step-by-step instruction for using the online
                                     component of MERS® FraudALERT
                                    MERS® FraudALERT Integration Handbook
                                     Provides detailed information on your business and
                                     technical integration with MERS® FraudALERT
                             These documents are available from the MERS website at
                             www.mersinc.org.


                             Structure
                             Each chapter contains three parts:
                                    Overview. The overview gives a brief description of the
                                     process or function and how it relates to MERS.
                                    Requirements. This section states what information,
                                     actions, and access are required to complete the business
                                     process.
                                    Business Procedures. The business procedure gives a step-
                                     by-step view of the process, including business-related
                                     steps and general MERS® FraudALERT instruction.
                                     The business procedure lists information that can be
                                     entered into MERS® FraudALERT; however, the business
                                     procedure does not specify which information is required.
                                     Specific system instruction, including required fields, is
                                     found in the MERS® FraudALERT Online User Guide.




                                                                                   Introduction  1
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
 Membership in MERS® FraudALERT
                             Overview
                             MERS® FraudALERT is a platform for the sharing of information
                             to support the prevention and detection of mortgage fraud.
                             Information is shared through the filing of Incident Reports by
                             subscribers within MERS® FraudALERT based on either
                             confirmed fraud or suspicious activity.
                             Each member goes through an application and approval process,
                             which is outlined in the following pages, to become a member of
                             MERS® FraudALERT. To be a member of MERS® FraudALERT,
                             you must agree to abide by the MERS Governing Documents and
                             the MERS® FraudALERT addendum.


                             Requirements
                             Membership in MERS® FraudALERT requires an integration
                             process which includes security, system-to-system interface, and
                             business considerations. If you are already a MERS Member, these
                             requirements may already have been met during your original
                             MERS integration effort.
                             For more detailed information regarding technical requirements
                             and network connectivity, refer to the Integration Handbook.


                             Business Procedure – Current MERS
                             Member
                                 1. Sign and submit the MERS® FraudALERT addendum to
                                    the MERS Membership Agreement.
                                 2. During integration, you will:
                                       Document your revised business process flows.
                                       Have access to the MERS® FraudALERT online
                                        training region to learn how to view information in
                                        MERS® FraudALERT.
                                       Complete the Customer Integration survey.




                                                            Membership in MERS® FraudALERT  2
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure – New MERS
                             Member
                                 1. Submit a completed MERS Membership Application and
                                    MERS® FraudALERT addendum to the MERS corporate
                                    offices.
                                 2. The MERS Membership Manager will work with you on
                                    preliminary steps to get you ready for MERS integration.
                                    Once these are done, the Membership Manager will
                                    recommend your company for integration.
                                 3. During integration, you will:
                                       Identify an implementation Project Manager.
                                       Form an integration team.
                                       Receive your Org ID.
                                       Notify technology vendors/Registrars of your intention
                                        to become a MERS® FraudALERT member.
                                       Confirm the implementation date with MERS.
                                       Document your revised business process flows.
                                       Establish and test connectivity to the MERS® System.
                                       Have access to the MERS® FraudALERT online
                                        training region to learn how to view information in
                                        MERS® FraudALERT.
                                       Complete the Customer Integration survey.




                                                            Membership in MERS® FraudALERT  3
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                  System Security
                             Overview
                             There are two levels of identity validation within the MERS®
                             FraudALERT online security scheme:
                                 User ID
                                 User Password
                             Your MERS® FraudALERT System Administrator is responsible
                             for establishing and maintaining the security that controls access to
                             the MERS® FraudALERT online component. Your System
                             Administrator establishes User IDs and Passwords, resets
                             passwords, reactivates User IDs, and deletes unused User IDs.
                             See the MERS® FraudALERT Quick Reference Guide for
                             instructions on setting up and maintaining User IDs.
                             As defined by a contractual agreement, your organization may
                             grant security access to a third party to process specific
                             transactions, e.g. MERS Members that are known as Registrars
                             may be authorized by you to perform transactions on your behalf.

                             Requirements
                                Your organization must have one primary contact for system
                                 security, called your Subscriber Administrator.
                                Your organization must supply one email address for
                                 notification alerts.

                             Business Procedure—MERS
                                    1. The MERS® FraudALERT account set up team creates
                                       your subscriber account in MERS® FraudALERT and
                                       sets up your Subscriber Administrator.
                                    2. The MERS® FraudALERT system sends an email
                                       notification to your Subscriber Administrator
                                       containing login information.
                                    3. MERS® FraudALERT sends an email notification to
                                       each user to activate their account.




                                                                               System Security  4
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure—Member
                                 1. Your MERS Project Manager identifies a Subscriber
                                    Administrator.
                                 2. After your company is set up and activated on MERS®
                                    FraudALERT, your Subscriber Administrator sets up users,
                                    branches and delegated agents.
                                 3. Your Subscriber Administrator assigns each user within
                                    your organization a unique User ID on MERS®
                                    FraudALERT and appropriate system access.
                                 4. Each user clicks on the link in the activation email they
                                    receive from MERS® FraudALERT to set up their
                                    password and security questions.
                                 5. Your Subscriber Administrator resets passwords,
                                    deactivates User IDs and deletes User IDs no longer
                                    needed.
                                 6. Your Subscriber Administrator is responsible for notifying
                                    MERS if your MERS® FraudALERT contact information
                                    or notification email address change.
                             If the email address to which email notifications for your
                             organization should be sent changes, you must notify MERS
                             immediately.


                             Business Procedure—When Using
                             Third Party Service Providers
                             Your organization may grant security access to third parties to
                             process loan data submissions and reports on your behalf.
                             Your MERS System Administrator sets up this security through
                             the Member Information Relationships section of MERS® OnLine
                             by adding Vendor relationships.




                                                                               System Security  5
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Loan Data Submission
                             Overview
                             Loan Data Submission is the process for entering extended
                             information on MERS® FraudALERT for a loan registered on the
                             MERS® System.
                             A Loan Data Submission may be made for any loan registered on
                             the MERS® System, regardless of its status, including:
                                    Loans in a pre-closing status
                                    Loans in an active status
                                    Loans in a deactivated status



                             Requirements
                                Each Loan Data Submission must be associated with a MIN
                                 registered on the MERS® System.
                                Loan Data Submissions may be made via Web Service or batch
                                 interface.


                             Business Procedure – Submit Loan
                             Data
                                 1. Each Loan Data Submission must be associated with a
                                    MIN registered on the MERS® System.
                                 2. Enter the extended loan information.
                                 3. Submit the transaction.
                                 4. MERS® FraudALERT validates the MIN is registered on
                                    the MERS® System.
                                 5. The loan is included in your Inventory Loan reports.




                                                                        Loan Data Submission  6
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure – View Loan
                             Data
                                 1. From the MERS® FraudALERT Dashboard page, click on
                                    the Search tab
                                    NOTE: You can also click on the MIN# hyperlink in a
                                    Notification email.
                                 2. Select Loan Data as the Search Type.
                                 3. You may search for your loan by any combination of:
                                           MIN
                                           Loan Number
                                           Participant Types
                                           Loan Participant Name(s)
                                           Address Information
                                           Association to any Incident Report
                                 4. To filter your search further, you can specify a Date Range.
                                 5. Click the Search button.
                                 6. A Search Results page will be displayed with all the MINs
                                    for which extended loan data has been submitted that
                                    matched your search criteria.
                                 7. Click on any of the loans from the Search Results page to
                                    view that loan.




                                                                        Loan Data Submission  7
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                  Incident Reports
                             Overview
                             MERS® FraudALERT is a platform for the sharing of information
                             to support the prevention and detection of mortgage fraud.
                             Information is shared through the filing of Incident Reports by
                             subscribers within MERS® FraudALERT based on either
                             confirmed fraud or suspicious activity. The following definitions
                             and guidance are intended to provide a common framework within
                             which subscribers will report incidents.

                             Reporting Guidance for Confirmed Fraud:
                             Whenever a reporting entity (i.e., originator, servicer, investor, title
                             agent, appraiser) becomes aware through public notice or internal
                             investigation of confirmed fraud.

                             Reporting Guidance for Suspicious Activity:
                             Whenever a reporting entity (i.e., originator, servicer, investor, title
                             agent, appraiser) becomes aware through public notice or internal
                             investigation of suspicious activity, they are required to test their
                             observation, evidence and analysis according to the following
                             requirements prior to submitting an incident report.

                             Requirements
                             For Suspicious Activity:
                             Reported occurrences of suspicious activity must, at a minimum,
                             conform to all of the following requirements:
                                 1. The reporting entity must have a factual basis, based on its
                                    good-faith judgment, to believe that the information
                                    concerning the reported occurrence or action is true and
                                    accurate.
                                 2. Evidence or information held by the reporting entity must
                                    meet all four (4) of the requirements described below:
                                                     Credible evidence
                                                     From a reliable source*
                                                     Relating to document, information, or
                                                      occurrence discrepancies
                                                     Indicating intentional deception or
                                                      misrepresentation


                                                                                 Incident Reports  8
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                 *   Reliable Source - A source with knowledge and/or
                                     experience about a document, information, or occurrence,
                                     who can assess its reliability, accuracy, or authenticity, or
                                     lack thereof. This includes public records documenting a
                                     confirmed fraud.
                                 3. The loan transaction was not, or would not have been
                                    approved, funded, or purchased if the misrepresentation or
                                    deception had been known.

                             For Confirmed Fraud:
                             The incident report categorized as confirmed fraud must, at a
                             minimum, conform to all of the following requirements:
                                 1. The reporting entity must have reference to a public record,
                                    and/or confirmation or validation by a state or federal law
                                    enforcement or regulatory agency with reference to a
                                    specific, identifiable case number related to a case of
                                    mortgage fraud.
                                 2. Evidence or information held by the reporting entity must
                                    meet all four (4) of the requirements described below:
                                                     Credible evidence
                                                     From a reliable source*
                                                     Relating to document, information, or
                                                      occurrence discrepancies
                                                     Indicating intentional deception or
                                                      misrepresentation
                                     *   Reliable Source - A source with knowledge and/or
                                         experience about a document, information, or
                                         occurrence, who can assess its reliability, accuracy, or
                                         authenticity, or lack thereof. This includes public
                                         records documenting a confirmed fraud.
                                 3. The loan transaction was not, or would not have been
                                    approved, funded, or purchased if the misrepresentation or
                                    deception had been known.
                             The incident report being categorized as confirmed fraud must, at
                             a minimum, include the name of the state or federal law
                             enforcement or regulatory agency and the associated case number.




                                                                                Incident Reports  9
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure – Create
                             Incident Report
                                 1. From the MERS® FraudALERT Dashboard or Search page,
                                    click on the Create Incident Report button.
                                 2. Enter Incident Report details. Mandatory fields are
                                    identified by a red asterisk.
                                 3. Choose Confirmed Fraud or Suspicious Activity based
                                    on the guidelines above.
                                 4. If the Incident Report is deemed Confirmed Fraud,
                                    additional data is required, including Law Enforcement
                                    information.
                                 5. Click on Submit Report button.
                                 6. In case of any errors with submitting the Incident Report,
                                    descriptive error messages will be displayed that will help
                                    identify which data to correct.
                                 7. The Incident Report will be displayed on a successful
                                    submission with an Incident Report Identification Number
                                    that is uniquely assigned to it.
                                 8. The Incident will appear on your Inventory IR reports.




                                                                             Incident Reports  10
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure – View Incident
                             Report
                                 1. From the MERS® FraudALERT Dashboard page, click on
                                    the Search tab
                                    NOTE: You can also click on an Incident Report hyperlink
                                    in a Notification email.
                                 2. Select Incident Reports as the Search Type.
                                 3. You may search for your Incident Report by any
                                    combination of:
                                       Incident Report Identification Number
                                       Participant Type(s) involved in the incident
                                       Participant Name(s) involved in the incident
                                       Address Information
                                       Fraud Category Type
                                       Primary or Secondary Fraud Classification Type
                                       Association to a Loan
                                 4. To filter your search further, you can specify a Date Range.
                                 5. Click the Search button.
                                 6. A Search Results page will be displayed with all the
                                    Incident Reports that matched your search criteria.
                                 7. Click on any Incident Report shown on the Search Results
                                    page to view that Incident Report.




                                                                             Incident Reports  11
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                             Business Procedure – Edit Incident
                             Report
                                 1. From any Incident Report page, click on the Edit Report
                                    button.
                                 2. Enter or update Incident Report details.
                                 3. If you change an Incident Report from Suspicious Activity
                                    to Confirmed Fraud, additional data is required, including
                                    Law Enforcement information.
                                 4. Click on Submit Report button.
                                 5. In case of any errors with submitting the Incident Report,
                                    descriptive error messages will be displayed that will help
                                    identify which data to correct.
                                 6. If the update is successful a success page will be displayed.

                             Business Procedure – Disputed
                             Incident Report
                             If a Party to an Incident wishes to dispute information contained in
                             the Incident Report they will need to call the MERS®
                             FraudALERT Help Desk at (800) 313-6751to start the dispute
                             process.
                             While the item is in dispute, a text alert will be displayed for that
                             Incident Report on MERS® FraudALERT to show that the
                             disputing participant’s involvement in the incident is in dispute.




                                                                                Incident Reports  12
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                          Notifications
                             Overview
                             Notification Alerts are emailed to your MERS® FraudALERT
                             contact when an Incident Report relates to a MIN in your
                             organization’s portfolio.
                             Loan rights holder and status changes tracked on the MERS®
                             System are carried over to MERS® FraudALERT, and historical
                             rights holders are stored, so that both past and present rights
                             holders can be notified about Incident Reports.

                             Requirements
                             If the email address to which email notifications for your
                             organization should be sent changes, you must notify MERS
                             immediately.

                             Business Procedures
                             Notification Alerts are sent twice each day, at 8AM and 8PM
                             Eastern Time.
                             MERS® FraudALERT will send a Notification Alert via email for
                             any matches found between a loan in your inventory and an
                             Incident Report. Matches may be on Names, Addresses, SSN’s,
                             Tax Identification Numbers or License Numbers of various
                             participants.
                             From the email, you may click on any Loan or Incident Report
                             hyperlink to view detailed information.




                                                                               Notifications  13
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                                   Reporting
                             Overview
                             MERS® FraudALERT provides scheduled reports as well as
                             notifications. We suggest that you implement a procedure for
                             downloading your reports and storing them until they are no longer
                             needed.
                             Reports are provided in tab-delimited text files that can be
                             imported into software applications your company supports for
                             further manipulation.

                             Reports are available for download from the MERS®
                             FraudALERT online application, and can also be retrieved through
                             the File Transfer Protocol (FTP) process. Report files are placed in
                             the same Member directory used for MERS® System reports. See
                             the MERS® System Integration Handbook Volume II for detailed
                             instructions on downloading reports via FTP.


                             Business Procedure – Retrieving
                             Reports
                             To retrieve reports online:
                                 1. Select the Reports tab from the MERS® FraudALERT
                                    Dashboard page.
                                 2. Select the particular report you want to view.
                                 3. Select the day for which you want to view the report.
                                 4. Download the report.
                                 5. Review the report and reconcile with your internal systems.
                                 6. Correct errors, warnings, and rejects.
                                 7. Resolve and resubmit rejected transactions to MERS®
                                    FraudALERT.
                             You can also use a system-to-system method to retrieve your
                             reports. See the MERS® Integration Handbook Volume II for
                             information on using other methods to retrieve report files.




                                                                                     Reporting  14
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                      ®
    MERS FraudALERT Help Desk
                             Overview
                             The MERS® FraudALERT Help Desk serves as a point of contact
                             in support of the following:
                             * MERS® FraudALERT user questions
                             * Technical help with creating MERS® FraudALERT
                                 transactions
                             Other highlights of the MERS® FraudALERT Help Desk are:
                             * Toll-free access to the Help Desk, 1-800-313-6751
                                9 a.m. to 9 p.m. eastern time, Monday through Friday.
                             * Off-hour technical support available for emergency technical
                                issues.
                             * Broadcast bulletins posted by email to your MERS®
                                FraudALERT email address, and online broadcast messages
                                posted on the Dashboard page.
                             * Real-time tracking system used for all open inquiries and
                                issues to ensure timely resolution.

                             Business Procedure
                             *   MERS® FraudALERT Subscriber calls the MERS®
                                 FraudALERT Help Desk at 1-800-313-6751.
                             *   A Help Desk representative answers the call.
                             *   A record is opened in the tracking system
                             *   One of the following occurs:
                                 * If the item is a general inquiry or training support issue and
                                    does not impact additional users or processing, the Help
                                    Desk representative resolves the problem or responds to the
                                    Member’s request, updates the tracking record, and no
                                    further action is necessary.
                                 * If the Help Desk representative determines that further
                                    action is required:
                                     The Help Desk representative coordinates the resolution
                                        of the problem with the appropriate MERS area(s) and
                                        monitors the progress.
                                         An interim status is provided to the Member at a
                                            predetermined frequency based on the following
                                            service levels.


                                                               MERS® FraudALERT Help Desk  15
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                   Initiate Problem Resolution
                                             Description                Service Level

                                             Severity 1—Significant     Immediately
                                             problem affecting
                                             multiple users

                                             Severity 2—Significant     Within 2 hours
                                             problem affecting a
                                             single user

                                             Severity 3—Problem         Within 48 hours, except
                                             has reasonable             for scheduled holidays
                                             circumvention; user can
                                             continue processing
                                             with minimal loss of
                                             efficiency or
                                             functionality

                                             Severity 4—User            Within 5 days
                                             inquiry or problem that
                                             does not affect the user

                                             Description                Service Level

                                             Application Support—       4 hours
                                             Severity 1

                                             Application Support—       8 hours
                                             Severity 2

                                             Other problems—            24 hours
                                             Severity 1

                                             Other problems—            48 hours
                                             Severity 2

                                           The Help Desk representative confirms with the
                                            MERS Member that resolution is acceptable.
                                           The Help Desk representative verifies that all action
                                            taken has been documented and closes the record in
                                            the tracking system.



                                                                MERS® FraudALERT Help Desk  16
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
                                                                                        Glossary
  Associated Member           A MERS Member that has been granted inquiry only access to loan information by
                              the Servicer/Subservicer of a mortgage registered on MERS.
  Assumption                  Taking over by one party of an obligation that was originally incurred by another.
                              In MERS® System, this results in replacement of the Primary Borrower and all
                              Co-Borrowers.
  Batch File                  A system-to system transaction used to update the MERS® System.

  Beneficial Rights           A transfer of the security interest under the mortgage or deed of trust. These
                              transfers are tracked for MERS Members on the MERS® System.
  Transfer
  BIR                         Business Integration Resource. The MERS employee who assists you in
                              incorporating the MERS® System into your business processes.
  Co-Borrower                 The first borrower listed on the Security Instrument is the Primary Borrower for
                              that loan on the MERS® System. Each additional borrower listed on the Security
                              Instrument is a Co-Borrower for that loan on the MERS® System. Names listed on
                              the Security Instrument but not the Note should be entered as Co-Borrowers on the
                              MERS® System. Names listed on the Note but not the Security Instrument should
                              not be entered on the MERS® System.
  Confirmed Fraud             The presence of a public record indicating a fraud conviction by a court of law,
                              and/or validation and confirmation of fraud by a state or federal law enforcement or
                              regulatory agency with reference to specific, identifiable case number related to a
                              case of mortgage fraud.
  Deactivation                When a loan becomes inactive on the MERS System for one of the following
                              reasons:
                               Paid in Full (includes payoff, deed in lieu, short sale, etc.)
                               Transfer to non-MERS Servicer
                               Involuntary transfer/default by Servicer
                               Involuntary transfer/default by Subservicer
                               Foreclosure Complete
                               Reinstated or modified (option 1), not assigned back to MERS
  DTD                         Document Type Definition. A file that defines the “markup language” that will be
                              used to describe the data. It defines and names the elements that can be used in the
                              document, the order in which the elements can appear, the element attributes that
                              can be used, and other document features.
  FIPS Code                   The code assigned by the Federal Information Processing Standards (FIPS)
                              Publications issued by the National Institute of Standards and Technology (NIST)
                              to represent a county or other entity treated as an equivalent legal and/or statistical
                              subdivision of the 50 states, District of Columbia, and the possessions and freely
                              associated areas of the United States.
  Flat File Format            This is the optional proprietary format for system-to-system input to the MERS®
                              System. Members that are not X12 capable can use this format.




                                                                                                      Glossary  17
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
  Foreclosure Status          The field reflecting the current status of a MIN in foreclosure on the MERS ®
                              System. “Foreclosure Complete” and “Reinstated or modified (option 1), not
                              assigned back to MERS” statuses deactivate the MIN. The following is a list of
                              MERS foreclosure statuses:
                               Foreclosure pending (option 1), assigned to Servicer
                                                                                         
                               Foreclosure pending (option 2), retained on the MERS System
                               Foreclosure pending (option 3), iRegistration
                               Reinstated or modified (option 1), assigned back to MERS
                               Reinstated or modified (option 1), not assigned back to MERS-deactivation
                               Reinstated or modified (option 1), not assigned back to MERS- iRegistration
                               Reinstated or modified (option 2)
                               Reinstated or modified (option 3)
                               Foreclosure complete
                               Foreclosure status reset
  FTP                         File Transfer Protocol

  Funding Date                Funding Date is defined as the date the borrower becomes obligated for the debt
                              and interest starts to accrue. In some states, this may be different from the date the
                              borrower signs the note, or the date the note is drawn.
  Integration                 The process by which a Member completes procedural changes, training, and
                              system testing of transactions prior to being live in the MERS® System.
  Investor                    The owner of the beneficial interest in a loan.

  iRegistration               Loan registered on the MERS® System for information only, where MERS is not
                              the mortgagee. iRegistration loans may be included in transactions (e.g. TOS,
                              TOB, deactivation, foreclosure), but assignment and recording information is
                              optional, and the Quality Review flag cannot be set to “Y.”
  Lender                      The payee on the note.

  Line of Business (LOB)      The types of business in which a Member is active on the MERS® System. These
                              are listed in the Member’s Member Profile.
  Loan Data Submission        The process for entering extended information on MERS® FraudALERT for a loan
                              registered on the MERS® System.
  Member                      Refers to all organizations whose signed MERS Membership Application has been
                              submitted and approved, and whose fees are current.
  Member Profile              MERS-specific information about a MERS Member that is required at the time of
                              initial setup. The member profile indicates the Member’s MERS business process
                              preferences, billing, and other information.
  MERS                        MERSCORP, Inc., which owns and operates the MERS® System, the MERS®
                              eRegistry, and MERS® eDelivery; and Mortgage Electronic Registration Systems,
                              Inc., its wholly owned and bankruptcy remote subsidiary, which acts as the
                              mortgagee of record in the public land records and as nominee for the lender and its
                              successors and assigns.
  MERS Help Desk              Provides support of MERS systems and procedures, via telephone and email, to
                              MERS Members.
  MERS® OnLine                Browser-based access to the MERS System, found at www.mersonline.org.

  MERS® System                An electronic registry that tracks changes in loans servicing and beneficial
                              ownership rights. Member companies update the registry via MERS® OnLine (the
                              browser-based interface) or through batch file interfaces.
  MIN                         Mortgage Identification Number. The MIN is an 18-digit number composed of the
                              7-digit Organization ID, the 10-digit sequence number, and the check digit.
  MIN Status                  The field reflecting the reason for current status of a loan on the MERS® System.




                                                                                                     Glossary  18
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
  Note Date                   Note Date is the date on the Note. In some states, the date the borrower signs the
                              note, or the date the note is drawn, may or may not be the actual date on which
                              interest begins to accrue (see Funding Date).
  Option 1 (beneficial        The lender/seller of the beneficial interest initiates the transfer of beneficial rights
                              outside of MERS (e.g., using MIDANET or MORNET). The Investor sends
  rights)                     confirmation of the transfer to MERS through an X12 transaction. Once the X12
                              file is submitted, it cannot be canceled. Interim funding interests are released
                              automatically when the X12 transaction is processed by the MERS® System.
  Organization                A MERS assigned seven-digit number uniquely identifying a Member of MERS.
  Identification Number       The seven digits of the Org ID comprise the first seven digits of the 18-digit MIN.
  (Org ID)
  Originating Org ID           The Org ID of the loan originator. This organization’s Org ID and Name are
                               displayed as Originating Organization.
  Originating                  The originator of the loan. If the originator is a MERS Member, that Member’s
                               Org ID is entered in the Originating Org ID field, and its Org ID and Name are
  Organization                 displayed for Originating Organization. If the originator is not a MERS Member,
                               the originator’s name is entered in the Original Note Holder field and displayed
                               for Originating Organization.
  Parent/Child                 Relationship established by MERS on the MERS® System for Members who
                               execute a Parent/Child Agreement. Only the parent Org ID is billed Membership
  Relationship                 fees, and transactions reflecting seasoned servicing transfers between the Org IDs
                               named in the relationship are billed as Intracompany Transfer rather than
                               Seasoned Servicing Transfer fees.
  Pool Number                 The number assigned to a grouping of loans by the Investor; required for
                              securitization.
  Pre-Closing                 Loan registered on the MERS® System before the note date with a status of Pre-
                              Closing (not active). May be registered as an active iRegistration, MOM, or Non-
                              MOM when the loan closes, but a Pre-Closing may not be updated or included in
                              any other transaction except Registration Reversal.
  Primary Borrower            The first borrower listed on the Security Instrument is the Primary Borrower for
                              that loan on the MERS® System. Each additional borrower listed on the Security
                              Instrument is a Co-Borrower for that loan on the MERS® System.
  Registrar                   A company to whom a Member has contracted business activities such that the
                              Registrar would be the initiator of the business activity that triggers a transaction to
                              the MERS® System.
  Registration                The process of entering required information into the MERS System to report to
                              MERS that a loan exists with MERS as the Mortgagee, or to reflect an
                              iRegistration.
  Reliable Source             A source with knowledge and/or experience about a document, information, or
                              occurrence, who can assess its reliability, accuracy, or authenticity, or lack thereof.
                              This includes public records documenting a confirmed fraud.
  Sequence Number             The 10-digit number assigned by the MERS Member to uniquely identify a loan.
                              The 10 digits of the sequence number comprise the 8th through 17th digits of the 18-
                              digit MIN.
  Servicer                    The entity that has the contractual right to service a loan and responsibility for the
                              servicing of the loan for the Investor. In some cases the Servicer contracts with a
                              Subservicer. If so, both the Servicer and the Subservicer must be MERS Members
                              to register the loans on the MERS System.
  Servicing Rights            The sale of servicing rights from the current Servicer to a new Servicer. These
                              transfers are tracked for MERS Members on the MERS® System.
  Transfer



                                                                                                       Glossary  19
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10
  Subservicer                 The entity with whom the Servicer has contracted to service its loans. The
                              Subservicer is not the legal owner of servicing rights.
  Suspicious Activity         An abnormal or unusual action or pattern of actions, or misstatement,
                              misrepresentation or concealment of a fact or facts by parties involved in real estate
                              finance transactions, creating concern of possible intentional deception for unlawful
                              financial gain.

  System to System            An alternative to using MERS ® OnLine, it’s a method of transmitting information
                              directly from a Member or vendor system to the MERS® System. This includes flat
                              files and EDI X12 transmissions.
  TOB                         Transaction used to reflect a Transfer of Beneficial rights on the MERS ® System.
                              See Beneficial Rights Transfer.
  TOS                         Transaction used to reflect a Transfer of Servicing rights on the MERS ® System.
                              See Servicing Rights Transfer.
  Trustee                     One who holds title to real property under the terms of a deed of trust.

  Update                      A change to information outside of a previously defined business process
                              (corrections, updates to previously null fields, etc.)
  Vendor                      A MERS Member who performs various transactions on the MERS® System on
                              behalf of another Member under a contractual agreement.
  Warehouse/Gestation         Associated Member with an interim financial interest on a loan prior to the sale of
                              the loan to the permanent Investor. Their interest in each loan is released
  Lender                      automatically when servicing is transferred. The Warehouse/Gestation Lender has
                              view only access to the loan on the MERS® System.
  XML                         Extensible Markup Language. XML is a markup language designed specifically for
                              delivering information over the World Wide Web. In creating an XML document,
                              the user creates and assigns the element names.




                                                                                                    Glossary  20
     ®
MERS FraudALERT Procedures – Release 1.0–4/2/10

						
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