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Filed under: CDO, CORRUPTION, Eviction, foreclosure, GTC | Honor, Investor, MODIFICATION, Mortgage, securities fraud | Tagged: disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee |
Speaking of consideration – I found a really good Florida Supreme Court decision Crescent Miami Center, LLC v. Florida Department of Revenue, 903 So.2d 913 Fla. LEXIS 1119; 30 Fla. L. Weekly S. 366.
In this case, the Florida Department of Revenue wanted to tax Crescent Miami Center, LLC. (CMC) for a transfer of a tract of real property in fee simple from Crescent Entities its parent company. The transfer deed contained the usual language stating that CMC paid ten dollars and “other good and valuable consideration” for the property. CMC paid the doc tax and requested a refund claiming that it should not have paid the doc stamp because it was not a purchaser of real property as defined in Section 201.02(1) because beneficial ownership did not actually change and that the transfer was merely a book transfer and therefore was not subject to the doc tax.
[this is similar to the argument MERS made in its Appellamt Brief filed in MERS v. Nebraska Dept of Banking when MERS stated that it does not “directly or indirectly receive consideration from mortgage loans…MERS simply holds title to mortgages and deeds of trust as nominee.” MERS further stated in its Appellant Brief that MERS does not acquire any interest in the promissory note. ]
The Florida Supreme Court agreed with CMC. Relying on its earlier decisions in Florida Dept of Revenue v. De Maria, 338 So.2d 838 (Fla. 1976) and State ex rel. Palmer-Florida Corp v. Green, 88 So.2d 493 (Fla. 1956), the Florida Supreme Court ruled that “because nothing was exchanged by CMC for the grant of property from Crescent Equitiies…there was no consideration or purchase in the transaction, just a “mere change in form of the stockholder’s equity in the corporation.”
Further, the Supreme Court found that “…the transfer of property….absent any exchange of value, is without consideration…”
Alina
COMMENTS:
MERS remains the mortgagee by holding legal title to the mortgage interest while servicing rights are sold via a purchase and sale agreement.
SOLIMAN:
Pursuant to codes for filing and reporting, you cannot assign legal title to the asset with out benefited parties to a sale and consideration. The sale merits valuable consideration and motivated parties. No doubt you can assign an interest and authority and rights to the asset such as an interest in servicing and as prescribed for a trustee to affect a recovery.
But talk about an unlawful estoppels under a bilateral understanding and under the State and Federal regs and codes. Forget your obligations and risk inherent to the business and trade – latch and Your talking legal title here and that is
1) Either “gifted” or
2) Conveyed and
3) For valuable consideration.
That’s not a $29 dollar sale and assignment unless you want to establish the underlying asset at its new basis and write down the balance of the loan. This latest MERS revelation is the offspring of a counter productive positioning of the sector and its participants operating in a willfully negligent Real Estate Trust platform.
MERS participants created this foolishness in response to the Hell you saw coming towards you back in 2004 due to the blind and reckless lending patterns (we know was by design). The RICO charge in complaints (I neither agree nor disagree) needs a quarterback or facilitator to move assets to and from for counterproductive purposes such as facilitating early prepay from Chester to Lester. That’s accomplished indirectly using appraisals while price fixing the majority of the country.
Counsel, this expert witness used to help write the PPM’s and understands the shortfalls and con! I backed out and sat out the ugly years while you funded loans that landed good people in foreclosure and others in jail while you take no responsibility. Is there as congressman in the house – I want to testify!
Oh how I have battled my own and asked that we leave MERS alone and accept a nominee’s role in the isolated area of Nominee who is recording conveyances and transfers of beneficial interest at time of payoff. And MERS has excited me and others to now call it as we see it – you folks built a slick tool to harbor the shortfalls of securitizing a highly regulated product called consumer home loans.
It’s the inability of the holder in due course to hold assets on its own due to it being a bankrupt insulate entity. Forget about the transfers of interest amongst the combination subsidiaries.
You guys show up on loans in recovery while pursuing foreclosure today for paper originated before you started doing this non-sense. . . (2003). Your showing up on loans and doing your transfers on files originated by players who banned you (more on this one later Livinglies.com viewers) from there shops years ago.
Where is the lost note…MERS? What should be asked here is “Where is the REAL lender?” Let’s ask the Assignor and whoever is the Assignee at time of delivery (post gestation) stand and be counted. And as for capital – where is all the money changing hands from and shows us the capital manifest. Litigators should check past ABA wires and ask your friendly FSB for assistance. MERS, what your doing is skirting the fact you’ve allowed the FSB, who is prohibited from this type of high risk and monster yield opportunity to break down without becoming exposed . . . ask Bernake why all the fuss!
HINT: MERS and Wachovia Mortgage, and FSB – Lehman Brothers SBF; IndyMac Bancorp; FSB.
Back to the MERS opine their mortgagee by holding legal title to the mortgage interest while servicing rights are sold via a purchase and sale agreement. The “mere” fact MERS states a sole and separate company on the deed demands a lawful assignment of an asset – see the damn UCC regulatory provisions.
ADMIT IT! Your sole function is acting as a dummy custodian in a role that begs a mass suit for wrongful servicing transfer disclosures, mis-joinder, deceptive practice’s and a whistle blower statute using FASB and GAAP. Read the conditions for transferring assets and treatment using basis accounting and gain on sale methods for booking and reporting short term assets held for sale.
M.Soliman / admin@borrowerhotline.com
http://www.foreclosureinfosearch.com
Two weeks ago, a local MD attorney got two properties mortgages cleared due to recording issues.
It all matters.
They are listed on Lawyers that get it!!!
Quiet title, it matters !!!!!
Fraud, it matters.
TILA, it matters !!!!!
People should go to the court house land records office where the deeds are registered and ask for a full bring down of your land records, this may cost you $5 to $50 . Or pay a title company to do so for you, it should not cost you more than $150 to $250.
That is why a mortgage audit is so important, TILA, RESPA, land records, MERS, etc. It all matters.
MAC
Mortgage Analysis and Consulting
Rescuing the Truth in Lending
8300 Old Court House Rd
Suite 230
Vienna, VA 22182
703-442-8828
There you go,
your loan may have been pre sold, and was table funded. It would be interesting to see the signatures on that note. Also check with the county land records and ask for a bring down of the transfers of the note and deed of trust. You will most likely find that the deed of trust may not have been recorded of the assignments were never recorded.
After that get yourself a heavy duty no holds barred lawyer.
Alina, try http://www.mersinc.org to navigate MERS site. Responding to the interesting twist, of http://www.mers-serviceid.org, push the print key.
God Bless You
Here’s an interesting twist. I just checked the ServiceID on MERS and the Note Date is four days before I signed the closing documents.
Alina
Connie,
When I clieked on your link, it redirected me to http://mortgaerates.info/?rid=2214719&OptId=11.
Alina
Go figure with MERS forum
Post Reply Post Date
Eve Assignment of mortgage and note
Hi,
I have an email from a MERS Administrator stating “when MERS is the mortgagee of record and an assignment of the mortgage lien is executed and recorded in the applicable and records, MERS is the assignor of the mortgage lien.” This would mean transfers do occur via the MERS system and MERS is more than just tracking transfers.
Below I have pasted a statment from your legal counsel Sharon Horstkamp that seems to contradict MERS’s position as stated above. This is very confusing as is MERS to me. Please explain.
Sharon Horstkamp
Re:GA State Intangibles Tax It is not true and is a misunderstanding of the MERS System to state that there are “electronic assignments” on MERS. The transfer of promissory notes to investors happens through an endorsement and delivery of the promissory note. Nothing is transferred on MERS, rather MERS merely tracks these transfers. If you are refinancing a mortgage on a MOM mortgage (MERS as Original Mortgagee) in which the lender matches the lender named on the existing MOM mortgage, then in that situation, the State and County agree that no intangible tax is due. This is because the lender is the same on both mortgages. If you need clarification, you may want to contact me directly so that we can discuss your specific loans.
Sharon Horstkamp MERS Corporate Counsel
June 13, 2007
10:11 PM
Administrator Assignments of mortgage and note
The two posting do not contradict each other. The MERS® System is a tracking system that tracks the changes in servicing rights and beneficial note ownership. Only when Mortgage Electronic Registration Systems, Inc. is the mortgagee of record is a mortgage loan registered on the MERS® System. MERS remains the mortgagee by holding legal title to the mortgage interest while servicing rights are sold via a purchase and sale agreement. The transfer of servicing rights is a non-recordable contract right. Both the old servicer and new servicer will notify the Borrower of the change in writing. Note ownership is transferred via endorsement and delivery of the promissory note which is also a non-recordable transfer. MERS continues to hold the mortgage lien interest as the mortgagee of record during these non-recordable transfers. No assignment of the mortgage lien is necessary. Only when the mortgage lien interest is transferred out of MERS name does a mortgage lien assignment become necessary.
When the mortgage lien is transferred from MERS an assignment is executed by an officer of MERS and the document is recorded in the land records. MERS will no longer be the mortgagee and the MERS System will no longer track any future transfers that may occur for this mortgage loan. The mortgage loan becomes deactivated from the MERS® System.
June 14, 2007
10:41 AM
Eve Re:Assignments of mortgage and note
Also, Sharon says “nothing is transferred on MERS”. However, when an assignment is made by MERS the mortgage is in fact transferred by MERS is it not? How does this not contradict? June 14, 2007
11:47 AM
Administrator Assignment of mortgage and note
There is a difference between stating no interests are transferred ON the MERS System and stating the mortgage lien is transferred BY Mortgage Electronic Registration Systems, Inc. The MERS System is a tracking system and no transfers occur ON the MERS System. However, Mortgage Electronic Registration Systems, Inc. is a company that holds legal title to the mortgage interest and can assign the mortgage lien to another entity by executing a mortgage lien assignment and recording same in the land records. This is how the mortgage lien is transferred BY Mortgage Electronic Registration Systems, Inc. These are two distinct concepts that do not contradict each other.
June 14, 2007
12:03 PM
Eve Re:Assignment of mortgage and note
Yes I see. Finally, how does MERS transfer interest in the note without being owner or holder of the note? MERS assignments state “mortgage with the note”.
Thanks.
June 14, 2007
12:30 PM
Administrator Assignment of mortgage and note
A promissory note is transferred by the endorsement and delivery of the note. The mortgage assignment sometimes contains a reference to assigning the note as well, but the endorsement and delivery with possession of the note is what controls who holds the note interest. Additionally, there are times when MERS can be and is the holder of the note.
June 15, 2007
02:45 PM
GOD BLESS
Mike Stuckey of MSNBC was emailed to investigate and report MERS inc to the nations Mortgage Meltdown Mess. Livinglies Bloggers/Homeowners you can also go to http://www.mers-serviceid.org and enter your property ID# and possibly find your loan Docs. Try it, you never know what you might find!! you may be able to assign your loan to yourself if you become a member. (just kidding)
MERS should be investigated by the USDOJ asap.