Foreclosures and the Failure of the American Land Title Recording System
Tanya D. Marsh
Wake Forest Law School
January 10, 2011
Columbia Law Review, Vol. 111, No. 1, 2011
In this essay, Marsh argues that the current foreclosure crisis should serve as a wake-up call for a long-overdue modernization of the American land title recording system. Lenders invented the Mortgage Electronic Registration System (MERS) because the land title system, developed in a far different time and place, failed to meet the needs of the modern real estate industry. But a private MERS-like system is not the answer. Instead, Marsh argues that the federal government should implement a solution that replaces both the existing local land title system and MERS.
An ideal system should be organized around some clear principles. It should be transparent. It should be easy to search, through dynamic, robust indexing, and easy to access, preferably through the Internet. Documents in PDF form should be down-loadable. Electronic filing should be facilitated. There should be uniformity and consistency in the rules governing the form and substance of documents eligible for recording. The system should be public. Establishing and protecting a clear registry of property interests is and should continue to be an essential function of government.
Number of Pages in PDF File: 8
Keywords: MERS, mortgage, recording
JEL Classification: K11
Date posted: January 11, 2011 ; Last revised: April 9, 2012