Tag Archives: MERS

“Height of Hypocrisy” – Legalize MERS with a National Mortgage Data Repository aka Foreclosure Fraud-Away

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Jeb HensarlingWhat does a hypocrite look like? The poster boy for the Republican “Height of Hypocrisy” is Texas 5th District Congressional Representative Jeb Hensarling. The Republicans claim to be for state’s rights, tight borders, and Texas wants to secede from the Union… Yet this whopping idiot wants a national land registry…blur the lines between the states and allows foreign ownership and control!

Apparently, his recent date with Wall Street has thoroughly discolored his state’s rights land recordation thought process. In January this year, Rep. Jeb Hensarling ascended to the powerful chairmanship of the House Financial Services Committee. Six weeks later, campaign finance filings and interviews show, Hensarling was joined by representatives of the banking industry for a ski vacation Continue reading →

Securitization is NOT a “Traditional Mortgage Loan” Operation

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patent-hero-size-100019219-gallerySecuritization is a relatively new innovation given the operation of the traditional mortgage loan industry over the last 70 years.

What is routinely overlooked is the fact that this entire new process and product development has been patented in the USTPO extensively by the banks. The loans that were sold at the turn of the century through present day are NOT traditional mortgage loans. This fact is further complicated because there was no meeting of the minds when the contracts were formed. Additionally, there are multiple defects that should literally void documents or cause defective products to be recalled. Continue reading →

Mortgage Crisis 101 by Prof. John Campbell

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Campbell soupWhile the foreclosure crisis might sound to some like duck soup, Professor John E. Campbell from the University of Denver Sturm College of Law has taken the time to dissect the issues in his Mortgage Crisis in a Nutshell video explaining precisely what has happened to homeowners and searching for the reasons why.

Prof. Campbell explains what has happened in the traditional sense and how Mortgage Electronic Registration Systems, Inc. participated in part of the scheme. He also discusses how and why the homeowners were not intentionally at fault.

In this one-hour video, Attorney John E. Campbell explains the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Watch the video and then let’s discuss securitization in a little more detail below. Continue reading →

ShellGame-MERS: Contrived Confusion – A MUST READ!

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SHELLEGAME-MERS bk coverlgYesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusion by retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A “MUST READ”!

Robert Janes has previously written a  book called “Fighting The Foreclosure Machine” and has a website with the same name, with great newsletters contained therein.  It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.

This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments.  Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the “foreclosure machine.” Continue reading →

MERS – TOO MANY DEAD DUCKS

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patent_officeWhile fishing for bank-related patents this gem surfaced and jumped into the net.  At first it wasn’t apparent it was a keeper because the UETA issue has not been in the forefront of foreclosure defense. However, taking the time to dissect the document it became apparent that, as some of us have suspected, there is a mandatory methodology from the origination of the mortgage loan on a trip to the securitized trust that includes the EXPLICIT CONSENT of the obligor (homeowner).

Yup… It appears the road to securitization needs an electronic record that the “issuer” aka the “obligor” has explicitly consented to at the time of origination. Yeah, ya think maybe that was the real intention of MERS aka Mortgage Electronic Registration Systems, Inc.? But it looks like it didn’t have all its ducks in a row. This is a lot to digest – but you need to know and understand this information in order to plead your case correctly before the courts. Continue reading →

THE 3 STOOGES OF MERS – DISORDER IN THE COURT

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MERS 3-STOOGESA landmark decision was made this week in Culhane v. Aurora in the United States Court of Appeals For the First Circuit without a complete set of facts set out before what  appears to be its clueless judges.

The case decision, an APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS was to some degree based on the merits of standing answering the question: “Whether a mortgagor has standing to challenge the assignment of her mortgage — an assignment to which she is not a party and of which she is not a third-party beneficiary — is a matter of first impression for this court.” Continue reading →

AG Jack Conway Calls MERS a Ghost and a Front – Files a Lawsuit Against MERSCORP Holdings, Inc.

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Weep no more my lady
Oh! weep no more today!

Bravo – Kentucky Attorney General Jack Conway!

3ghostsAttorney General Jack Conway announced that his office filed a lawsuit on January 23, 2013 in Franklin Circuit Court against MERSCORP Holdings, Inc., and its wholly owned subsidiary Mortgage Electronic Registration Systems, Inc. (MERS) for violations of Kentucky law. The lawsuit is a result of Attorney General Conway’s investigation of mortgage foreclosure issues in Kentucky.

The lawsuit alleges that MERS violated Kentucky law by not   Continue reading →

Where are you George Bailey? You apparently are not in the White House…

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In 2010, Meg Rehrauer, a J.D. Candidate at Northeastern University School of Law, wrote a memorable paper:

Its a Wonderful Life color jacketREGAINING THE WONDERFUL LIFE OF HOMEOWNERSHIP POST-FORECLOSURE DEFENDING HOMEOWNERS FROM EVICTION AFTER FORECLOSURE BY ATTACKING THE OWNERSHIP RIGHTS OF THE FORECLOSING ENTITY

It’s Christmas 2 years later and we’re still reeling in foreclosures and frauds committed by the banks because America is stuck in the portion of George Bailey’s dream as if he hadn’t been born. Continue reading →

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

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Never let it be said that where there is big money invested, there won’t be crooks in the kitchen.  It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

It appears the signatures are in the computer – no dummies needed to sign – just fill in the Continue reading →

“MERS is not a “holder” under the plain language of the statute,” says the Supreme Court of the State of Washington

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Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not.  As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).

The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and Continue reading →