Tag Archives: Mortgage Electronic Registration Systems

THE HISTORY AND DEATH OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACCORDING TO THE USPTO

Posted on by

bamboozledFor 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 mark with 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

Continue reading →

Welcome to Freddie and Fannie’s Mortgage Shell Game

Posted on by
5

By Shawn Timothy Newman, J.D.
Adjunct Professor
Saint Martin’s University

Wheres-the-NoteIn 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 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)  Continue reading →

OCC – Correcting Foreclosure Practices

Posted on by
2

Correcting Foreclosure Practices – Updated August 28, 2013

foreclosure_review_cartoon1While cruising the Internet looking for the status of a particular bank, the Office of the Comptroller of the Currency (OCC) Independent Foreclosure Review website 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. “You can have a house that is fully paid for and still end up in foreclosure”

Posted on by
1

Wall Street’s Mortgage Fraud Scandal with David Kreiger

big fed ponzi schemeIn 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 →

Securitization is NOT a “Traditional Mortgage Loan” Operation

Posted on by
6

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

Posted on by
9

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!

Posted on by

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

Posted on by

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

Posted on by
18

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.

Posted on by
11

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 →