Deed of Trust Example Language

[Picture: MERS Shareholders]
Deed of Trust Example Language

By Daniel Edstrom
DTC System, Inc.

I have read numerous cases including appeals court cases (both Federal and State).  It appears to me that the actual language from the Security Instrument regarding MERS is being brought up or argued in a very general way and without a thorough analysis.  I am not an attorney and will not provide legal advice to anyone.  This is not legal advice but provided only for educational and informational purposes only.  This is simply what a standard CALIFORNIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3005 looks like, in relation to the main MERS language (not all inclusive).

  • This security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note.
  • For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property […]
  • “MERS” is Mortgage Electronic Registration Systems, Inc.
  • MERS is the beneficiary under this Security Instrument
  • MERS is a separate corporation that is acting solely as nominee for Lender and Lender’s successors and assigns. 
  • The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender’s successors and assigns) and the successors and assigns of MERS.
  • Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument 
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