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Perspectives

MERS Announces Plan to Maintain E-Notary Records

MERSCORP HOLDINGS, Inc. (MERS) has announced that it will be introducing a service that will store remote online notarization videos for lenders, investors, and servicers.  This expansion is expected to take place prior to the end of 2022 with additional features being added over time. MERS states that the service will be available via both user interface and an application program interface or API.

This facility may help allay some lenders’ concerns as to the execution of notes and other mortgage documents via remote notarization, and may provide an easy source for obtaining critical information in the event a mortgage and/or note is challenged on the basis of forgery (either by providing evidence that there was no forgery or by showing on video who the fraudster(s) were ).  It is hoped MERS’ storage of these videos will be effectuated with a sufficient level of security given the type of information the database will store, because a cybersecurity breach could result in borrowers’ identifying information being wrongfully obtained and misused.