A Pennsylvania federal judge Tuesday granted class certification to deed recorders in Pennsylvania who allege Mortgage Electronic Registration Systems Inc. violated state law by failing to properly record mortgage assignments and pay recording fees. This means Pennsylvania may proceed with a class action against the MERS Blur Gang.
U.S. District Judge J. Curtis Joyner GRANTED lead plaintiff Nancy J. Becker’s motion for class certification, finding that the deed recorders for 67 Pennsylvania counties allege that “MERS” (which one!?) compromised public records by creating a separate system for members to record mortgage assignments. See the ORDER HERE.
For nearly 20 years, in particularly the last 10 years, the courts, foreclosure defense attorneys, homeowners and politicians have been bamboozled by the blur and use of “MERS” – the service mark for the MERS® eRegistry system owned and operated now by MERSCORP Holdings, Inc.
Hopefully, Nancy J. Becker realizes the extent of the MERS Blur and that the Mortgage Electronic Registration Systems, Inc. in over 71 million mortgages is a separate and distinct corporation and – is NOT the eRegistry or the membership.
The eRegistry and the membership belong to MERSCORP Holdings, Inc. While 
MERSCORP Holdings, Inc. is the parent company for Mortgage Electronic Registration Systems, Inc. (which MERSCORP created in 1999) – they are separate and distinct corporations… and MERSCORP Holdings, Inc. is NOT in the mortgages. The line-up of same-name companies and name changes has been an artful dodge in disguising the true purpose and nature of the “Nominee” for the hundreds of pre-tender lenders. Click and read the DC MERS Blur post.
The Language of Real Estate by John W. Reilly (available on AbeBooks.com) defines “nominee” on page 277 as:
“One designated to act for another as a representative in a limited sense. A nominee corporation is sometimes used to purchase real property when principals do not wish to be known.” [Ain’t that the truth?! DC Ed] “Care should be taken in structuring a purchase through the nominee corporation so that there are no adverse tax consequences, such as double taxation to the nominee corporation and then to the shareholders.
The term nominee is not a synonym for assignee. Especially if the purchase is based on seller carryback financing, the real buyer may not be able to get specific performance of the sales contract to the nominee on the grounds that there is no real mutuality of agreement and by reason of indefiniteness. Nominee status is simply a name substitution-no legal rights are transferred. On the other hand, assignee status is a substitution of legal rights. Therefore, in most cases use of the word assignee rather than nominee will better achieve the parties’ intended result of effectively transferring legal rights to the ultimate purchaser.
The nominee form is often used by a real estate syndicator who is the buyer but not the ultimate purchaser. It is also used in a Section 1031 exchange situation for acquiring the replacement property.
The offer should always identify the offeror; that is, neither the phrases buyer nor nominee nor buyer nor assignee should be used in the deposit receipt portion of the offer. Otherwise, the named buyer could simply walk away from the deal and tell the seller to look to the nominee for recovery. Most courts would thus rule the contract illusory and unenforceable. (see assignment, straw man)”
A section under “Straw man” states (and we’ll have to contact John Reilly for this case law):
“a federal court has held that if the nominee misrepresents the identity of his or her principal, with knowledge that the seller would not have negotiated if he or she were in possession of the true facts, the seller may set aside the transaction.”
Not much doubt that there was a bit of misrepresentation from the time that the 1003 Applications were entered into the originator’s computer that seamlessly flowed into the data storage center and into the underwriter (investment bank).
In any case, Nancy J. Becker is hero of the year so far. Hurray for the Pennsylvania County Recorders. Let us know if you need volunteers to help sort through the files. There are hundreds of us reviewing data and we know what fraudulent MERS Blur documents look like. And certainly God Bless the Honorable Chief Judge J. Curtis Joyner.
Surely, somebody in Pennsylvania will see this post and contact the county recorders – just to make sure that the know these are separate and distinct corporations and that all those assignments signed by the staffs of the membership of the MERS® eRegistry – are not employees or “members” of Mortgage Electronic Registration Systems Inc.?!
Deadly Clear 
thank you for the insight, but all I wanted was to look up the owner’s name of a nearby property whose common fence with me, is about to fall over. Turns out, the grantees are Mortgage Electronic Registration Systems, and Seattle Bank? Who do I call? Bye the bye, I couldn’t stop reading your article. Keep up the good work.
MORTGAGE CRISIS
Years back the banks began to turn a mortgage into a commodity, with good paying mortgages, then they saw they were running out of this commodity, so the big banks, including Fannie & Freddie started approving loans to almost anyone and everyone, not so much to just give that person a home to have, but they were more concerned about creating more of the commodity. More securities to sell to investors. They even knew some home owners would not last several years or several months, as long as they could say to investors, “Hey, we have more mortgage backed securities to sell”.
Now, to sell all these securities, they would have to create a mortgage assignment which is normally recorded with the county land recorders office for a fee, and to keep the integrity of the properties “chain of title”. Physically, that would take up too much time and money, so the big banks invented and created MERS,(Mortgage Electronic Registration System). This electronic service was only created to track mortgages sold and bought in the secondary securities market. MERS legally has no invested interest in the mortgage, so they truly are not able to transfer or assign the mortgage acting as a nominee of the bank. But they are doing it, performing these transfers on their own..! Without the Counties knowledge. It’s Wrong…! The chain of title of the mortgage is broken right here at this very early stage. The mortgage/note has to be assigned from one owning entity to the next owning entity. MERS never owns the loan/note/mortgage, but they are creating and are listed on assignments at the local land recorders office. Now that the mortgage was bundled, sold and bought back and forth with investors, no continuing assignments are recorded with the county recorders office. By Law, every time a mortgage/note is sold, it must be recorded at the Land Recorders Office to maintain the integrity of the “chain of title” which reflects all the transactions of the mortgage/note. By not recording these documents, Fannie & Freddie & and all your Big Mortgage Servicing banks are saving millions-billions on recording fees, and possible taxes, etc.
What I have found was that the Servicer of the mortgage is listed with the county recorders office as if they own the mortgage, while Fannie & Freddie or other Big Banks are selling the bundled mortgages as securities. Kind of like a Pizza shop cooking pizza legitimately up front, and a mobster selling off investments in the back. (Racketeering). The Servicer up front really is not the owner of the loan/note/mortgage, and they tell you this. They also admit that your note/mortgage is owned by Freddy or Fannie, or the Investors. So when the Servicer now tries to foreclose on a homeowner, they are not truly the owner of the note/mortgage, and you have to own the note/mortgage to foreclose!!! Many never even question the Servicer and walk away from their home. Now to foreclose as quick as they can, that’s where the robo-signers come in. These people do not review anything in the foreclosure paperwork about the loan/note/mortgage, but only sign a name on the affidavit page on thousands of mortgages to get the foreclosure going before any homeowners begin to catch on.
You see, its a matter of a quick process the Servicing banks want to achieve in order to get the property in their possession, only to sell it. The crazy thing is, when the originating bank gives the loan, then sells it to the 2nd bank which mostly ends up being the servicer, they again sell it to the 2 major players (Freddie & Fannie) or one of the other Big Banks, and they sell the mortgage back securities to investors, so the servicing bank gets paid for the mortgage and still collects payments toward the mortgage and a percentage goes to the Servicer, Fannie & Freddie and the Investor. So they are all making money. Then the Servicing bank comes to foreclose and if they are allowed to foreclose they get the home without true ownership, even though the loan/n/m is actually sold off into bits and pieces to investors. I can go on further, but to conclude, if this were a murder case, I would call this act of the banks premeditated, not an accident. This was all planned out in order to reach the highest profit they could, using the mortgage backed securities as a commodity, having total disregard, deliberately and intentionally ruining the lives of millions of homeowners, and destroying the economy with such a dangerous scheme.
Blog written by
George Mirkov
So the banks developed MERS and use it as a bridge to bypass the county recorders office which streamlines the process of buying and selling Mortgage Backed Securities, saving them from paying county recording fees also!
Lets say the Big Automobile Companies were to do the same thing for all the auto dealerships. Create a company called “Automobile Electronic Registration System” (AERS) Now the dealer registers the new car with motor vehicle just once at the very 1st sale of the car, and when the car is returned at the end of a lease or traded in back to the dealer, or the car having to register annually, the dealer bypasses motor vehicle and just simply makes all the transactions of buying and selling the car and registering it goes through “AERS”. With that said, would motor vehicle be able to keep track of who the owner of the car is? Cars can be bought and sold many times over. This also would create the same loss of revenue for motor vehicle, no Registration Fees, etc. Would motor vehicle like losing Fees? How accurate would AERS records be?
Why not let any type of business that has to register something on a continual basis with our government, develop there own registration system…? Why would the government even, ever, allow MERS to be developed? Oh, that’s right, the banks needed a quick way to process transfers, assignments etc. to gain the huge profits they’ve received. (I’m not saying kickback to the Gov. ? – maybe that’s why Banks are bailed out and not consumers?)
Win / Win / Win / Win – for the Banks
* Banks are receiving money from consumers paying a mortgage, even with good payers or bad payers, cash is coming in. $$$$
* Banks are turning around and selling that mortgage as a product to investors… Receiving Investments, Fees….etc. $$$$
* Banks have taken Bail Out Money from the government, (tax dollars) paid again! For Loses! $$$$
* Banks finally are reluctant to greatly help with modifications or to adjust loans to seriously help the consumer, (they can’t since they do not own the note/mortgage) so they foreclose on your home and get paid again selling the home…! $$$$
Contact me immediately if you can come up with a product where you can get paid 4 Times for the same product. (Win Win Win Win)