OMG–THIS ANTI-MERS DECISION IS AMAZING!!!

“…one could plausibly infer that the recorded deeds of trust [naming MERS as “beneficiary”] constituted fraudulent liens or claims against real property or an interest in real property.” (p. 14). Ya think?! And this is only part of the underlying story.

eggsistense's avatarLIBERTY ROAD MEDIA

GonzalesJudgeNelva

(Judge Nelva Gonzales Ramos)

The judge’s denial of MERS/BoA’s Motion to Dismiss in the case of Nueces County v.  MERS et al. is AMAZING!  Not because it’s novel, but because it actually follows the law!  It’s like Neil Garfield or Matt Weidner or David Rogers wrote it.  Or like I wrote it!   In fact, in my losing case of Kirby v. Bank of America (Southern District of Mississippi, 2012), I did use many of these same arguments–any sane, reasonable person would have!  You have got to read this decision!

Normally I might be tempted to highlight a sentence or two from the judge’s order and then mumble through my understanding of it, but with this brilliant order, all that needs to be done is to provide the blockbuster, bombshell quotes from it (for those who may not have the time or inclination to read it).  The quotes themselves are commentary…

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Bank Induced Defaults….and What the Government Knew

loan-modification-scam-avoid-companies-offeringIf you think you have your mortgage modification under control – STAY ALERT. Discussions with attorneys have indicated the banks are reneging on their modification agreements and settlements – even after judicial order. Servicers like Ocwen Loan Servicing are refusing Western Union payments and some servicers are peddling properties they have agreed by court order to reinstate to real estate brokers whose agents are spreading false rumors that homes are back in foreclosure. It is hard to understand how anyone in the real estate industry would ever touch a foreclosure – let alone set themselves up for a lawsuit by blatantly trying to sell a home not listed for sale by its legal owner.

Danielle Kelley, Attorneys at Law PLLC posted Bank Induced Defaults….and What the Government Knew – a brilliant synopsis of the modification scam industry. Continue reading