Despite hundreds of decisions over the last three years stating in no uncertain terms that MERS can’t assign anything because it doesn’t have anything to assign, they found this one case to crow about. It all boils down to the fact that since their name is in the title record, they are entitled to notice — something which I doubt will stand very long even in Missouri. Their claim about “due process” is in my opinion a desperate grab for continued existence. MERS will be out of business, in my opinion, within 1 year and probably less. Their records are bogus and unsecured and no not qualify as either public records nor as business records. MERS information is inadmissible as evidence. They disclaim any actual interest in the obligation, note or mortgage, they never touch the documents and they never touch the money nor do they have any record of monetary transactions. The best anyone can say about them is that anyone who is offering a document or testimony based on MERS authority or data is an incompetent witness. The worst I won’t mention here.

14 Responses

  1. Boots,
    I agree–the fraud is across the board. I have BoA assigning the note/DOT to itself while posing as MERS, with the notice of sale from BoA saying that BoA is the “legal holder of said indebtedness,” i.e., the note.

    Well, Fannie Mae also said they owned the note–checked their loan lookup tool.

    BoA admitted that Fannie owned the note when we sued BoA.

    MERS’ new database also says Fannie owns the note (i.e., is “the investor).

    I don’t believe Fannie owns the note, at least not as a holder in due course, but everyone involved in this case admits that Fannie owns the note but they’re not the ones trying to take my house. Instead, they all have tried to defraud me into believing that BoA owns the note. They have denied me, through fraud, a chance to negotiate with the true creditor. Who that is, I have no idea. Well, supposedly it’s Fannie, but I doubt it…

    …just thought boots’ post was sorta similar to my situation and wanted to chime in.

  2. Dave Krieger: Is this one also applicable?

    Texas Penal Code § 37.13. RECORD OF A FRAUDULENT COURT. (a) A person commits an offense if the person makes, presents, or uses any document or other record with:
    (1) knowledge that the document or other record is not a record of a court created under or established by the constitution
    or laws of this state or of the United States; and
    (2) the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States.
    (b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section on two or more occasions.
    (c) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.10, the actor may be prosecuted under any of those sections.

  3. I want to see MERS so-called “representatives” in jail for felony fraud. There is a statute in Texas we are using in one case …
    37.101 … under the Texas Penal Code … that makes it a felony to record documents in the county clerk’s office that contain “material misrepresentations or false information”. It’s just a misdemeanor unless you actually use the documents to defraud someone … which in this case is a homeowner in a wrongful foreclosure. Every state has one of these statutes. Some provide for civil penalties, some have only criminal (like Kansas and Texas). Missouri has it under perjury statutes. In Kansas and Texas, both statutes are state jail felonies when used to defraud. When a homeowner isn’t noticed that he’s being sued … which in the case of a Texas HELOC … it’s required by statute and court rules … then the parties involved, which in this case are 2 directly and 7 indirectly … someone is going to have to get hauled in to testify WHY they don’t want to go to jail, especially when the lead witness for the wronged homeowner is the Justice of the Peace who refused to evict him, citing the fact he hadn’t been served. The Defendants continued to push their documents into the assessor’s office and the appraisal district offices, to where the second Unlawful Detainer hearing resulted in eviction … because the second JP went and looked up the records and saw the lender had moved the homeowner’s name off the tax rolls. That’s when the real damage occurred … not only that, the judge became the finder of fact, not the trier of fact, so he committed and error as well that is going to cost him dearly in the next election … because we are going to leak the trial transcripts to his opponent to show the public that this judge isn’t working for the people. He caters to his own whims. That’s how you get these jerks off the bench when they’re elected. Provide their political enemies with copies of their misdeeds.

    On the subject matter at hand, MERS representatives signed these documents and yes, there are glaring errors; but the fact they didn’t notice the homeowner, thus violating due process rights of the homeowner to his day in court, means someone used documents to defraud … and someone gets to go to jail … I just wish it was R. K. Arnold III. Nope … we are going to take down those individuals who signed the documents and moved them through the system. That’s who’s going to jail. The Real Estate broker is ignoring the TRO, trying to sell the house for half of what the “lender” got it for in a credit bid at the sale, which the homeowner didn’t know about either. The broker is really trying hard to become a defendant. (Geez, I wonder how her errors and omissions insurance is?)

    Here’s something else of interest … you can attack their bond or insurance policy by filing a claim … if you suspect fraud. Insurance companies like getting tipped off … because if they refuse to pay because there’s serious fraud involved, then maybe these real estate agents will wake up and smell the poop and get away from it as quickly as possible!

    I will keep you posted on which MERS reps are going to jail as the DA’s office gets involved with the County Clerk on this matter. It’s going to be a real party …

  4. you are part right soliman regarding MERS, i have 3 pending cases in federal court against MERS and i am focusing on their assignment of deed to different entities such as loan servicer, a debt collector. MERS allowed this fraud to continue because if you named MERS on your lawsuit the members of MERS who initiate the foreclosure will be the one to pay for all litigation matter. in my case even the substitution of trustee was also in the name of MERS. MERS had knowledge in all of this fraud using their names, but it does not affect MERS at all because no legal liability or responsibility incur against MERS. so this abuse will continue until someone can stop MERS. The legal liability on MERS is zero , it pass on to loan servicer obligation. always include MERS as your defendant if you sue them. I am thinking of filing a False claim act against MERS, i don’t know if the state attorney will join me in pursuing this case, the case is so simple MERS is responsible for millions of fabricated assignment of deed and substitution of trustee allowing MERS name be used in order to foreclosed. MERS is aiding and abetting the fraud with loan servicer, debt collectors, a debt collector law firm and other third parties . i will not allow to lose my houses because of these debt collectors acting as a “trustee” in order to foreclose. all the characters and companies involved in executing this fabricated documents are also have ties with the loan servicer. focus on your assignment of deed and substitution of trustee, the NOD, the notice of trustee sale and deed of trust upon sale. any attorney interested filing False Claim Act against MERS for FRAUD? i think this case is not too complex, it is easy to get a copies of all fabricated assignment of deed , substitution of trustee etc. all over america with MERS name on it. i think this is the only way we could stop MERS for allowing the foreclosures to continue because MERS name attached to all those bogus documents.

  5. I wouldn’t mind it if BofA and MERS went out of business.

  6. I thought MERS had a big win. I guess when you are on a losing streak, any win is a big deal.

  7. Ng;/ Their records are bogus and unsecured and no not qualify as either public record or as business records. MERS information is inadmissible as evidence.

    M.Soliman: I know I am alone here but MERS is an efficiency the market desperately relies on to get loans funded promptly. You have wet state sentiment and to a lesser extent dry state settlement funding issues.

    The issues, outside of sheer volume, pertain to the statutory notice to quit, advancing while the signature is wet and cost of funds issue during the rescissions burn period.

    I would trade pools from $25 million and the banks collateral (Citigroup) package and all the necessary assignments and endorsements, (GMAC BAC etc) not to mention the collateral packages shipped under a Bailee could cost our firm weeks waiting to receive a wire.

    MERS is perfection . . . I guess and it won’t be going away. …in that it’s insulated from lawsuits. You must indemnify MERS from litigation for wrongful acts or its misuse.

    Our arguments focus on the substituted trustee or rouge attorneys acting like a debt collections firms who rely on MERS for endorsements. I say force MERS to join the lawsuit or testify as a witness where a nominal interest cannot be used in the recovery. Why ….look at your deed of trust.
    (its your single most significant piece of eveidentury I can think of!

    It’s the abuse of MERS service as a Nominee that needs to be challenged.


    (Don, Steve, Phil and Collin….Okay; I’ll copy you on everything I post here.Later)

  8. Wonder what will happen when MERS goes under? I would love to see a prediction about that. I know I’ll have MAXIMUM schadenfreude. : )

  9. I noticed this too, Neil, but I thought maybe it was the appeal on the Bellistri v. Ocwen – yet MERS mentions no case name. “Victory”, my Aunt Fannie. Thank you so much for the 3-part securitization (or not?) bombshells.

  10. 2 NG… have to agree that MERS will RIP in the very near future.. had to LOL with their other press release in June where they state their data base is open to the public.

    Thank you for your unbelievable work even if at times the wealth of information causes a brain freeze! We have all learned so much!



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