For nearly 20 years, in particular, 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.
“MERS” first became the acronym, an abbreviation for the first Mortgage Electronic Registration Systems, Inc., in 1995. This corporation was registered in Delaware on October 16, 1995. In 1997 Mortgage Electronic Registration Systems, Inc. registered “MERS” as the service markwith the United States Patent and Trademark Office (USPTO) for its mortgage loan eRegistry system. This original MERS corporation has long since been eaten up by other entities created by its executives and board of directors to replace it over the past 18 years. Bottom-line: The original Mortgage Electronic Registration Systems, Inc. is dead and it died in 1998… RIP
By Shawn Timothy Newman, J.D.
Saint Martin’s University
In common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.
As noted in Powell on Real Property, sec. 37.27  (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010) Continue reading →
The recent lawsuits filed in the SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK are the beginning of a long process unraveling the frauds created by a generation of “Younger Boomers” and “Now Generation” Wall Street bankster executives that expected immediate gratification.
These smart-asses didn’t take the time to ensure all the pieces to the puzzle fit before they began their filthy rich land grab operation, causing a lot of damage and red ink to America and the rest of the world. Their failures are your insurance to defeat foreclosure once you understand what is missing. Continue reading →
Correcting Foreclosure Practices – Updated August 28, 2013
While cruising the Internet looking for the status of a particular bank, the Office of the Comptroller of the Currency(OCC)Independent Foreclosure Reviewwebsite jumped into view. The OCC website is worth an examination even though the Submission Window is closed (way too early IMHO) as there are numerous CONSENT ORDERS made available for viewing.
Of course the accused financial and/or financial related companies never admit or deny the the “Findings” from the examination by the: Continue reading →
Wall Street’s Mortgage Fraud Scandal with David Kreiger
In a brilliant interview on Alex Jones’ Infowars, David Kreiger dissects a portion of the foreclosure fraud committed by the banks and their pretender lenders which David’s book, “Clouded Titles” (new updated edition with case cites) exposes.
The mortgage scandal created by banker endorsed deregulation and MERS (Mortgage Electronic Registration Systems) is a fraud that is wide spread and millions of Americans have been affected. What is most frightening is that many of them don’t even know it yet.
“You can have a house that is fully paid for and still end up in foreclosure,” Alex Jones explains and discusses with David Kreiger in detail. A must watch the video below. Continue reading →
What 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 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 →
While 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 →
A 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 →
Oh Pleeese, who does Ben Bernanke think he is kidding?! Congress has the ability to say, “Don’t buy bad debt.”
The stock market surged today because the Federal Reserve announced it was going to take $40 Billion of our tax dollars per month “until further notice” and buy inflated, defective, fraudulent mortgage-backed securities (MBS) indefinitely from the banksters.