Notarized MERS Assignment of DOT as Nominee: Forensic Analysis and Motion Practice

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as Trustee under the Deed of Trust and purporting to assign the Deed of Trust to JP Morgan Chase Bank National Association.

A forensic analysis report would or should state as follows:

  1. The title chain reveals the property is located in the County of Los Angeles, State of California and contains a purported assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as Trustee under the Deed of Trust and purporting to assign the Deed of Trust to JP Morgan Chase Bank National Association. in public records book ____, at page ____ of the County of _________, in the State of Florida. The document appears on its face to have been prepared by Malcolm-Cisneros, a Law Corporation located at 2112 Business Center Dr., Irvine, California 92612. Given the location of the property in California, the location of the law firm that prepared it in California and the location of of the other parties, the fact that it was “notarized” in Florida raises numerous forensic questions requiring production of additional documentation and facts.
  2. Location Issues: The property is located in the State of California, as are the Trustors under the Deed of Trust (DOT). Margaret Dalton is believed to be located in Irvine, California, possibly employed by or on the premises of the above-referenced Law Corporation. The Notary is located in Duval County, Florida which has no known connection with any of the parties. MERS offices are reported to be located in states other than California and the IT platform is reported to be located in the Midwest. Homecoming Financial Network, Inc. (which undersigned believes was intended by the referenced instruments and title chain) is authorized to do business in the State of California, but upon research does not appear to be a chartered bank, financial institution or lender. HFN is a mortgage originator acting on behalf of unknown sources of funds who may be located anywhere, since they are neither disclosed nor described in the closing documentation nor any document on record. Accordingly there is a question as to the identity of the creditor at the time of the origination of the loan, the identity of the creditor at the current time, and the identity of the creditor at all times between the origination of the loan and the present. There are also questions requiring additional documentation and fats to reveal whether the purported assignment was executed by or on behalf of anyone in Duval County, Florida where the instrument was notarized or in Irvine, California where the instrument may have been executed.
  3. Margaret Dalton’s employment is unknown but it does not appear that she has ever been an employee of MERS, nor that MERS is located where Margaret Dalton apparently signed the document. Previous investigations by the undersigned indicate that MERS is an electronic database privately owned and operated by fewer than 17 employees, which do not include Ms. Dalton. According to information received from MERS, the database platform operated by MERS for its members, has an access procedure consisting of a user ID and password. With such information any person could enter, alter or amend any entry in the MERS database. The procedure also provides access to an automated procedure wherein the user may name a person to serve as “vice-president” or “limited signing officer” for MERS. No record has been produced for this analysis indicating that Ms. Dalton was named as “vice-president” or whether she did so herself, nor whether she was authorized to do so or from whom said authority would be claimed. There is accordingly a question as to whether the document was in fact signed by Ms. Dalton, and if so whether she had authority to sign a document that conveyed an interest in real property.
  4. Given the above information, there is also a question as to whether the notarization was valid or void. Florida law provides that if the Notary knows that the person signing does not possess authority to sign or knows that the person is ignorant of their authority, that the oath administered is invalid and that the instrument is construed to be not notarized, despite the signature and stamp. Recording laws require notarization. Thus there is a question as to whether the document is or would be construed as a recorded instrument despite its obvious appearance in the title record. If it is not construed as a recorded instrument, then the chain of title should be amended to remove this document.
  5. The chain of title, as stated above, reveals a Deed of Trust (DOT) in favor of MERS as nominee. No issues are readily apparent as to the execution of the Deed of Trust. However, the content of the DOT raises factual issues that require further examination and the production of additional documents and information. Since MERS is an IT platform operated for the purposes of its private owners, it is not authorized by Florida Statutes nor California Statutes to serve as the equivalent of a recording record for instruments in the public records. It is a data entry and retrieval system that is private, not public. Since MERS was named as nominee and the MERS documentation available on the internet clearly state that under no circumstances will MERS ever claim an interest in the real property, the DOT, the note, nor will ever be the actual lender, beneficiary or mortgagee in any transaction, the effect of naming MERS raises factual issues since there are questions regarding title raised by the conflict between naming MERS and MERS disclaiming any such interest. There is no record of MERS accepting the position as nominee and if so under what circumstances. Those terms exist in agreements executed between members of MERS and one of the MERS corporations and are unavailable to the undersigned forensic analyst.
  6. The DOT and the above-referenced purported assignment refer to MERS as nominee for HFN, which was neither the creditor nor the lender at the time of the origination of the loan. Thus the DOT appears to name MERS (who disclaims any interest in the loan) on behalf of HFN (who served as a conduit for a table-funded loan transaction, probably as part of the securitization of the subject loan transaction) both of whom served principals that were not disclosed at the time of the origination of the loan nor, to the knowledge of the undersigned, to the present. The effect of misspelling the name of HFN on the purported assignment is unknown, but based upon advice from title agents consulted, it would be ordinarily required in any subsequent transaction, that the document be re-executed with the proper spelling. Whether this affects the legality of the instrument is unknown to the undersigned analyst.
  7. The purported assignment refers only to the DOT, which raises several questions. It is unknown whether an assignment of the note, as evidence of the underlying obligation, was executed at the same time as the purported assignment of the DOT. It is unknown whether all the necessary parties executed instruments required to authorize the assignments, and if so when this was accomplished. If there were no such other assignments then there is a question as to whether the instrument was effective, and if so, whether it intended to provide ownership of the security instrument (DOT) to one party while the ownership of the note remained or was transferred to another party, while at the same time the underlying obligation to yet another party may have existed between the Trustor as debtor and the source of funds for the origination of the loan, as creditor. Additional documentation and facts would be required to make these determinations.

34 Responses

  1. Hello everyone,

    If anyone needs Stephen C. Porter’s different notarized signatures I have about 15 different documents, most of which are from Collin County, Texas, one from Tarrant County, and one from Harris County, Texas. Or you can view a separate document at http://trilliondollarfubar.com/MERS/Stephen%20C%20Porter.pdf

  2. Does anyone have a deposition on Mary Kist?

  3. Whenever we come across Mr. Porter’s name in the work we do, here’s a sample of what we add: Stephen C Porter signs as Assistant Secretary MERS and VP for Wells Fargo Bank among others.
    The firm for which he is Chief Litigation Counsel, Barrett Daffin Frappier Turner & Engle is known to execute documents without authority. Any documents signed by him have a HIGH PROBABILITY of forgery. Also, different documents he signs appear to have completely different signatures.
    Mr. Porter was admitted to bar, 1973, Texas; U.S. District Court, Northern and Western Districts of Texas; U.S. Court of Appeals, Fifth Circuit; U.S. Supreme Court. Education: Baylor University (B.B.A., 1968); Southern Methodist University (J.D., 1973). Member: Dallas and American (Member, Sections on: Family Law; Litigation) Bar Associations; State Bar of Texas (Member, Sections on: Family Law; Litigation). [1st. Lt., U.S. Army, 1968-1971]. 
    Practice Areas: Foreclosures

  4. FYI, Stephen C. Porter is an attorney with the mortgage law firm Barret, Daffin, Frappier, Turner & Engel in Addison Texas. This firm, and its sister firms all over the country, own the servicer NDEX West. One wonders why a licensed attorney would be signing NDEX West documents as though he was a peon foreclosure person.

  5. I have an A of DOT, 6/27/11, signed by Alice Rowe, Assistant Sec’y MERS and notarized by a Violet Thomas-Hicks, CA # 182057. I believe the notary is a realtor with C 21 in Signal Hill, CA and lives in So. Central L.A. Does MERS have a CA office? The signatures for MERS and Notary look the same. Anyone know of Alice Rowe’s backround or resume? What is an effective way to discredit the notary? How do I prove fraud/robo signing?

  6. We have an assignment of mortgage SIGNED by VP of MERS Trent Thompson. It says “MERS as nominee for Carrollton Bank”. I have researched and found no such Trent Thompson to have worked as VP for MERS.

  7. We still have our original mortgage from 2003. A mortgage broker worked with us and we were told Wells Fargo would become the immediate loan holder. However, eight years later their is no mention of WHMS except for two stamps on the Note with “Paid to the order of…” There are no assignments of any kind in the recorded packet or with the lenders. The county state and all credit agencies recognize the mortgage broker as holding the note and DOT. We cannot sell our house. Should we seek to clear our title and get the mortgage voided?

  8. Shari- (foreclosure defense atty on Long Island NY)-
    you stated that Mary Kist signed an assignment of mortgage for New Century on 6/9/2009? You got ’em on that one- New Century has been in Federal Bankruptcy court in Delaware, ch11, since ’07 or early ’08. Most of their loans/servicing were purchased by Carrington Mortgage Trust, and if this loan was even theirs to begin with and it was assigned without the knowledge and consent of the bk trustee, then it would be a fraudulent conveyance. Note: I am not an attorney, I don’t want to be an attorney, and I refuse to be mistaken for an attorney.

  9. I also have a Mary Kist assignments, but the lawyers were sneaky here. MERS isnt even mentioned on the mortgage – not even a nominee, so I cant use that Defense. HOWEVER, Mary K signed a correction assignment of mtge on 6/29/09 on behalf of New Century (the original mtge holder) to Countrywide, as a VP of New Century, then same day, signed a new assmt of mtge to DeutscheBank as VP of Countrywide. Does anyone have any proof that Ms. Kist actually worked for New Century – or assignments that look like this? Feel free to email – I am a foreclosure defense atty on Long Island, NY

  10. CP…yes, I have Margaret Dalton document on a JP Morgan Chase case against me also.

    I have a document ( an “Affidavit Certifying Ownership of Debt Instrument and Truth and Accuracy of Copy Filed Herein”) purportedly signed by Margaret Dalton on December 28, 2009…”which individual has been duly appointed as the party with proper authority so to act for the purposes herein ( according to for JP Morgan Chase, National Association, purchaser of the loans and other assets of Washington Mutual Bank.
    It was notarized on the same date by a notary (Rusmair Causevic ) in Duval County Florida…

    Manny

  11. Does anyone have any documents related to Margaret Dalton from Chase. She has signed a fraudulent affidavit in my case and I am looking for any docs or info. on her. Please Help. My e-mail is invescorp10@gmail.com

  12. I have several assignments signed by Margaret Dalton within a five day period in May of 2010 in King County, Washington. Also, I have a declaration of ownership signed by Margaret Dalton claiming possesion of the actual note and deed of trust by the trustee, US Bank for a WAMU pass through certificate even though the last assignment of record transfered “ownership” from MERS to LaSalle (now B of A) as trustee. I strongly question the validity of her declaration but I’m not sure how to prove it. Thoughts?

  13. bert,

    I’ll trade information on assignments? Although mine has David Seybold, Stephen C. Porter was the Vice president of loan documentation for Wells Fargo.
    I really could use a copy of your assignment. I know it can be found in public records, but I don’t know who to look for or what county.
    Thanks
    negotiableghost@ourlemon.com

  14. I have an Affidavit in support of Summ.Judg signed by Margaret Dalton. Can you please provide me with a copy of the Assignment from MERS as nominee for Homecomings? I would like to bring up this issue in Opposition to motion for summary judgment.
    Thanks.

  15. Sorry about that – I didn’t know anyone was looking…

    I’d gladly compare signatures…

    Below is Mary Kist’s Resume…

    http://www.scribd.com/doc/32906143/mkist2

    The other issue to keep in mind is that MERS never paid anything nor loaned any funds. Therefore a legitimate question becomes – what was actually TRANSFERRED..? Meaning, the UCC requires something of value must be transferred – plus – there are several issues that do not make sense to me. Someone PLEASE correct me if I am wrong – but – A transfer must transfer the whole thing – a partial transfer “transfers nothing.” MERS cannot transfer what it does NOT have – and it does NOT have ownership – it does own the debt – so how can it then transfer the debt?

    I’m probably not saying it correctly but the bottomline is MERS cannot transfer what it does not nor did it ever have. IMHO – it’s sort-a like this – I might sell my car but I’m leaving town for a few days. I give my title unsigned to my neighbor to hold just in case someone wants to check for clean title. When I get back my neighbor informs me that he sold my car without my knowledge or permission. That is how I see MERS in these transactions. My neighbor did not have the authority to sell my car – the title was not signed – but my neighbor decided it was a good deal so am I then obligated to honor the sale? NO, not that I know-of – that is illegal… Why are mortgage lenders & MERS given a free pass on this?

  16. Mary Kist might be an employee of BofA and she previously worked for CountryWide. Doing a ‘People Search’ on the web, I found that she has lived in the area of the Plano, Tx location of CW/BofA and in the area of the Raleigh, NC location of BofA. See “Mary Kist, Mary E Kist, Mary Elizabeth Kist age 49
    Plano, TX, Raleigh, NC, Ventura, CA, Carrollton, TX”

    Now, regarding signing THIS YEAR as a VP of AWL? America’s Wholesale Lender was a ‘DBA’ of CountryWide. AWL may not have properly filed papers in the past, but now that CW is part of BofA, how can the ‘DBA’ of the company they acquired be signed as the employer of Kist?

    I need this info for my own mortgage. I don’t have the assignment yet. My mortgage names AWL as the lender, MERS as the beneficiary. If an assignment is needed by ‘AWL’, can BofA execute it, claiming to be the successor of the ‘DBA’ of CW that was not properly filed with the state?

  17. David and KC can we exchange our mortgage assignments and see if Kist’s signature is consistent.

  18. David —
    Can you please let me know where you found the information on Mary Kist VP for America’s Wholesale Lender she just now on 3-4-10 filed and assignement of mtg in the name of America’s Wholesale Lender

  19. I have a couple of questions about how my DOT lists the ‘actors’.
    Lender is America’s Wholesale Lender (CountryWide use this as a DBA but CountryWide is NOT on the DOT).

    ReconTrust is the original Trustee named.

    MERS is named as the ‘nominee of lender and lender’s successors.

    MERS is also named as the ‘beneficiary’. [Note that this is NOT ‘nominal’ beneficiary.]

    NO ‘mortgagee’ is named on the DOT.

    The Note cites only the LENDER. MERS is not on the Note.

    Who has the role of the ‘mortgagee’ when no entity is named as such? Are ‘lender’ and ‘mortgagee’ interchangeable?

  20. Here for everyone’s info is a Powerpoint presentation that MERS made at a convention in 2001. It details MERS’ history, breaks down the MIN number into components and explains the cost savings that MERS members can enjoy. There’s a wealth of information here. It is also downloadable.

    http://www.docstoc.com/docs/13305559/Commercial-Mortgage-Industry/

    Enjoy!!!!

  21. This is the formal documents that substaniate charges levied above by Neil.

    Look at the documents exhibits from pages 26-45. These show exactly the facts Neil explained. This included by accident from ONEWEST the closing docs for the Trust done closed 3-29-07.

    Pretender lender UNIVERSAL AMERICAN MORTGAGE COMPANY(LENNAR)-no money from them $24,000 fees

    Warehouse lender -11-17-06COLONIAL BANK-now being investigated by the Department of Justice.

    Investor Indymac Bank FSB 3-15-07 -placed into trust 3-27-07 time stamped.Trust closed 3-29-07.

    Trustee assignment done 8-10-2009. DNBTC from MERS as nominee for Universal American Mortgage co.

    Promissory Note signed by Indymac Bank FSB–but endorsed in blank.

    Feedback welcome

    http://www.scribd.com/doc/29625337/Second-Amended-Complaint-Exhibit-1-5-April-8-2010-davies-v-ndex-deutsche-bank-universal-american-mortgage-company-onewest-mers

  22. To Christine Springer and all:

    http://frauddigest.com/pdfs/Inroads.pdf

  23. All — last week in a judicial foreclosure proceeding in the State of Illinois, the law firm who signed the fabricated assignment coughed up a corporate resolution from MERS authorizing him to sign! Even that document looks fabricated!

    My point is, what do you do when they cough up another fabricated document that appears to authorize them to sign the assignments on behalf of MERS or the servicer? Now what do you do?

    Any help is appreciated.

    Christine

  24. Lawyers for Homeowner’s Rights Rally in Tallahassee
    April 9th, 2010 • Foreclosure
    Attention Attorneys and Advocates:
    The Florida Legislature is in session until April 30th. There are a variety of bills pending in the legislature which threaten to dramatically change the practice of consumer law and would eliminate homeowner and consumer rights.
    The bankers, the foreclosure mills and other wrongdoers are lobbying Tallahassee hard and they absolutely will get some kind of legislation passed….if every one of us doesn’t act now to do something about it.
    Subject to confirmation of the date, we will have a rally on the Capital. The date is tentatively set for Wednesday April 21, but it may be April 19 or 20 if those days would be more effective given committee schedules and other considerations.
    Please mark your calendars now and please put forth this extra effort of service to our profession, our courts and to the citizens of the State of Florida. As attorneys, we took an oath to defend the Constitution, the citizens and our courts. These are all under attack and we are all duty bound and obligated to rise up and defend them.
    In Tallahassee, we will meet with our local representatives and with the leadership of both houses. Our message is clear and distinct….
    We must preserve and restore the dignity of the courts and ensure consumers and homeowners continue to have access to a fair and properly funded judiciary.
    We cannot allow the continued breakdown of law and lack of respect for courts that currently exists in courts across the State of Florida.
    We cannot allow the unethical foreclosure mills and zombie lenders to continue to infect our courts with the cancer they are spreading in courts across the State of Florida
    We owe this duty to our courts. We owe this duty to our judges who are overwhelmed, overburdened and facing impossible pressures from all sides and we owe this duty to the citizens of the State of Florida–whether they are represented by counsel or not.
    Please mark your calenders and begin making plans now. We will be chartering busses from major areas and more details will be forthcoming! We expect that consumers and other pro-se advocacy groups will rally behind this cause as part of a major grass-roots effort. There are brave and principled leaders in Tallahassee who share our concerns and we need to take our message of support to them.
    MARK YOUR CALENDERS AND PLAN TO JOIN US IN TALLAHASSEE!

  25. KELLY PETERSON, I am one of the people who took Niel’s Forensic Analyst course in AZ a couple weeks ago. We were trained to look at documetns for ANY state so I don’t think it is imperative that the ananlyst be local. For instance I am located in Atlanta, GA, but these are federal documents and with the internet, information for other states is easy enough to find. But, if you feel more comfortable with an analyst who is located in CA, a couple of my fellow classmates are located there, and I’d be happy to refer them to you. You may contact me at forensicmortageexaminers@gmail.com

  26. I have a assistant secretary STEPHEN C PORTER from mers signing my assignment of deed or trust. I also have NAOMI B SCOTT from texas noterizing under the penalty of perjury stating this dot was done in california. i filed a complaint with the state of texas. they are investigating that dot this is fraud we have to fight back file your complaints with the state the were you think the fraud was done also file a complaint with
    helpmewithmybank.org. and file a complaint with the federal trade commission. and file a law suit. WE HAVE TO FIGHT BACK.

  27. Margaret My Sweet Margaret.

    I have Ms Margaret signing multiple assignments from four or five lenders to herself as an employee of Chase. I also have her assigning a certificate of purchase after a foreclosure from the trustee back to the trustee but as attorney in fact for the trustee by JP Morgan.

    She is a VP of chase and I have the documents that are recorded to prove it. They also are getting sloppy in recording the POA agreements from the trustees to themselves.

    No Trustee that is in charge of Chase’s WAMU deals has any control over the process. Chase owns it all and controls it all.

    All of the docs go through 7255 Baymeadows way in Jacksonville. The HUB of all doc fraud.

    When will we be given some justice and have some of these criminals locked up?

  28. I received complaint and foreclosure notice per March 26,2010. A transfer of mortgage to Deutsche Bank Trust from Mers is dated March 1,2010, however the court records in Duval County, FL show an entry March 30, 2010. the assignment is signed by Caryn A. Graham, Assistant Secretay for Mers, notarized by Shirley Pierre in Broward County Florida.
    Mers address is in Reston, VA and Deutsche Bank Trust , Trustee for Harborview ( misspelled should read Harbourview) Mortgage Loan Trust 2006-5 has an address in Los Angeles, CA.
    Anybody heard of Caryn Graham before?
    MERS is nominee for America ‘s Wholesale Lender, aka Countrywide. What a bunch of crooks !

  29. Our Original lender was C&F Mortgage using MERS as the Nominee – So, another name to look out for is “Mary Kist.” She signed our Appointment of Substitute Trustee as the VP for MERS – for the original lender – who supposedly sold our loan to Countrywide the same day we settled. When I finally found her resume she NEVER worked for MERS.

    She worked for Countrywide from 2003-2005. However our loan was completed Dec 29 2006. So, I don’t know how she could sign anything in our documents. Ironically, the other signatures were forged along with the notary.

  30. Where can I get a forensics analysis done like this in the Los Angeles area or elsewhere? Neil, do you do forensics analysis? If so, how can I get this done?

  31. ALL MY REQUESTS FROM MERS HAVE NOT BEEN ANSWERED. OR FOR SOME REASON BANK OF AMERIFRAUD ANSWERED FOR THEM.

    THEY CONVICT PEOPLE FOR MURDER WITH LESS EVIDENCE, THAN WHAT WE ALREADY HAVE AGAINST THE BANKS.

  32. Thank-you for the work you continue to do to help others….
    I have found while researching my notary and so called VP of Union Federal Bank of Indianapolis, is that my VP and notary also signed a satisfaction of mortgage stating she is VP of MERS (seals says MERS Delaware) VP address is listed as Chase in California and the notary stamp says Pinellas county of Florida!!!
    I’ve compared dates from other assignments these two people have signed, stating being VP of Chase, and on the same date, signed as VP of MERS…

    So confusing, I also believe my DOT was done in blank…

    Thanks again for all you do!
    Blessings

  33. Margaret Dalton and D. Pakusic work for JP Morgan Chase.

    Another example of a bank using its own employees to assign mortgages to itself.

    Here is an affidavit of Margaret Dalton as VP of JP Morgan…

    Margaret Dalton Affidavit

    Duval County is home to JP Morgan Chase
    7255 Baymeadows Way. Jacksonville, FL

    4closureFraud

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