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MERS® Link Terms and Conditions

To subscribe to MERS® Link, please read the following terms and conditions and click the link to indicate agreement.


MERS® Link Terms and Conditions

  1. MERSCORP Holdings, Inc., (“MERSCORP Holdings”) and Mortgage Electronic Registration Systems, Inc., (“MERS”, and collectively, the “Companies”) and the Subscriber shall abide by these Terms and Conditions (“T&C”).  The Companies reserve the right, in their sole discretion, to amend, change or modify all or any part of this Agreement at any time by providing Subscriber with written notice (which may be by electronic mail), and the Subscriber shall be bound by any such amendment to the T&C.

  2. The Subscriber agrees that the use of the MERS® Link website will be for lawful business purposes only. Information accessed from MERS® Link (other than information that the Subscriber 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.  Subscriber shall not redistribute, republish or create derivative works from MERS® Link or any information accessed from MERS® Link (other than information that the Subscriber already possesses).  The Subscriber understands and accepts that MERS® Link is intended to be used solely to (a) provide servicer information to the Subscriber 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.

  3. Upon the Subscriber’s completion of the Subscription Application and the payment of the current annual Subscription Fee, the Companies will provide the Subscriber with access to MERS® Link by assigning the Subscriber an Organizational ID number, a User ID number, and password that is required to access MERS® Link.

  4. Using the provided log‐in information, the Subscriber will have access (through MERS® Link) to all loans registered on the MERS® System, with the following capabilities:
      a. 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.

      b. MIN Information: receive the following information when a valid MIN is entered:
      i. Full borrower name(s)
      ii. Property address and County
      iii. Note amount and note date
      iv. Status (Active or Inactive)
      v. Current servicer/subservicer identification and contact information
      vi. Originating organization
      vii. Property preservation company identification and contact information (if present)
      c. HTML link to web site of servicer/subservicer (if available). To the extent that Members offer payoff information through their websites, the Companies may provide such a link; however, the Companies cannot guarantee that payoff information will be accurate or available for any specific servicer.

      d. Ability to retrieve, print, and store information on multiple MIN hits.

  5. The Subscriber shall indemnify and hold harmless the Companies, and any employee, director, officer, agent or affiliate of the Companies from any and all claims, costs or fees incurred by or that result from the Subscriber’s use of any information retrieved from MERS® Link. 

    The Subscriber understands and accepts that any information retrieved from MERS® Link should be independently verified. The Companies do not in any way warrant or guarantee that MERS® Link or web services will be uninterrupted. The Companies do not verify the accuracy of information on MERS® Link or the MERS® System, nor do the Companies warrant the reliability of any information retrieved from MERS® Link since the accuracy of all information is the responsibility of MERS® System Members who enter and update the information in the MERS® System. The Companies MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING MERS® LINK OR ANY INFORMATION PROVIDED THEREIN. Subscriber expressly agrees that the entire risk as to the quality and performance of MERS® Link and the accuracy or completeness of the content is assumed solely by Subscriber.

    THE COMPANIES 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 MERS® LINK, ANY PART THEREOF OR ANY RELATED SERVICES.

  6. The Companies may change, suspend or discontinue all or any aspect of MERS® Link at any time, including the availability of any database, feature, or content, without prior notice or liability. The Companies, in their sole discretion, have the right to terminate the Subscriber’s access to MERS® Link if the Companies determine that the Subscriber is using MERS® Link for purposes other than its intended use.

  7. Subscriber’s access to MERS® Link, and the Organizational ID number, User ID number and password assigned to Subscriber, are specific to Subscriber and may not be assigned, transferred or sublicensed without the Companies’ prior written consent. Subscriber shall not permit unauthorized users to access MERS® Link using its Organizational ID number, User ID number or password. Subscriber shall not reveal, redistribute or republish any information retrieved from MERS® Link to any other party, and may not sell or create derivative works from such information.

  8. These T&C, and all transactions effected by the Subscriber with the Companies, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law provisions.

  9. Any notice or other communication which is required or permitted to be given or made to the Companies pursuant to these T&C shall be given or made in writing, and shall be sent by nationally recognized overnight courier, or facsimile followed by delivery of the original via first class mail, addressed as follows: MERSCORP Holdings, Inc., Corporate Secretary,1818 Library Street, Suite 300, Reston, Virginia 20190; facsimile: (703) 748-0183.

  10. Neither the Subscriber nor the Companies 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, the parties shall attempt to resolve the Dispute through mediation. If the parties do not promptly agree on a mediator, either party may request the then chief judge of the Circuit Court of Fairfax County, Virginia, to appoint a mediator. All mediation proceedings hereunder shall be held in the Washington, D.C. metropolitan area. The fees and expenses of the mediator shall be paid by the party initiating the Dispute. If the mediator is unable to facilitate a settlement of the Dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect, and the aggrieved party may then seek relief in accordance with the arbitration provisions of this Paragraph. In the event that the Subscriber and the Companies are not able to resolve a Dispute in accordance with the aforementioned mediation provisions of this Paragraph, such Dispute shall be settled 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 Washington, D.C. metropolitan area, and fees and expenses for the arbitration proceedings shall be paid by the party initiating arbitration.

Click here to accept the Terms and Conditions and download the pdf MERS® Link Subscription Request form (178 KB) . Follow the instructions on the form to submit.

 

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