Nevada Order MERS and OCWEN get bashed again

Plaintiff’s evidence that Trustee Corps filed the NOD while it was still a stranger to the mortgage shows that there is at least a question of fact as to whether foreclosure here was statutorily defective. The Court therefore denies the motion to dismiss as to the causes of action for wrongful foreclosure, injunctive relief, and declaratory relief.

17 Responses

  1. If anyone knows of a bankruptcy attorney in the Ventura county California I moved my cases to the Bankruptcy but I need help.

  2. i guess we have to wait on the multi district opinion on MERS and the impact of splitting of the note from he deed…considering MERS is industry owned is it difficult to figure.its gonna be chaos… its already chaos

  3. leapfrog: We are appealing the case to the Ninth Circuit, as I indicated. Should be interesting. But this particular client doesn’t want to file in Bankruptcy Court….yet. I know the creditor must prove its claim, standing, authority, real party in interest, etc., but our position in these lawsuits is that the foreclosing entities are technically the moving parties and should STILL bear the burden of proving their authority.

    deb Wynn: So what happens if Judge Navarro is NOT consistent with her rulings? And if this is the way she’s going to be “consistent” we’re in even bigger trouble than we thought.

    As for the “artfulness” of the pleadings, we usually quote the good decisions that prove that WHEN the note is separated from the deed of trust, both are unenforceable. Those decisions cite Restatement (3rd) of Property (Mortgages), which is a compilation of many years of decisions and statutes. Her “artfulness” stems from a false statement right at the beginning, and the ensuing flawed conclusions that only corruption can reach.

  4. Kartman Case in Nevada – MERS & OCWEN–MERS LOSES-this is Notice of Removal and the Original Complaint

    This is the Notice of Removal from state court in Nevada to Federal Court and it contains the Original Complaint of Kartman v MERS & Ocwen and MTC … (More) This is the Notice of Removal from state court in Nevada to Federal Court and it contains the Original Complaint of Kartman v MERS & Ocwen and MTC Finanncial et al


  5. remember judge N has to be consistent with her rulings and there will come a time when someone more “artful” will force the issue

  6. ive said this befor…what if someone stole the judges home do ya think we might get through…. just a delicious thought.

  7. In response to David Lowman remarks, “No car and no stock market investment is amortized over thirty years”. AND, they have a duty to know what they are financing AND an even bigger duty to have conscionable contracts or decent trust agreements or proper trust executions, and legitimate trust administration, etc…. If the appraiser got it wrong, then make the appraiser have appraiser insurance and go after that insurance or bond or whatever.

    Homeowners insurance should have had expanded coverage for us if the lender went bankrupt, ran away with our money, went defunct, gave our loan information to other entities without doing a proper transfer, such that other entities are stating a claim and demanding payment and stealing the home, without proof they hold the obligation, or are entitled to payment, or represent the holder-in-due-course.

    For the first time in America people were encouraged to become homeowners so they could take the land. Corporations can’t own property, only blood men and women can, but after we sign on the dotted line like only a real man or woman can, the we become the corporate fiction again and they rob us, and it’s ‘just business to them’. But to put it in perspective, the corporate fictions had little corporate fictions in their world and all that potential has been displaced. Now what kind of intellectual property can they gain from fictions that can’t think straight to be creative. All the good stuff isn’t just going to come from E.T.s you know. We do have a purpose too! I send them love and punishment at the same time. I love you, but you need your bottoms spanked to high heaven and a punishment beyond the infinity the spirit can imagine. And if I were your God and punishing you, you’d be stuck and watching the other spirits move on, and be so miserable and cramped in your ethereal space and the light in you kept so tight you feel so limited in the scope of your being, that when you get a second chance it will take soo long to have it, you would never want to go back to that ‘time out space’ again.

    “The should all be destroyed!” (What that hunter said in Jurassic Park when the Paleontologists watched all the chaos from over the trees and heard the cow mooing from being eaten alive, as the Velociraptors ate that cow).

    I declare judges view us from such a high vantage point, that they may get a better picture if they were forced to posed as one of us and go through an eviction or foreclosure as a party to the eviction or foreclosure without being able to cite any case law, without an attorney, and just telling any judge they’ve been wronged, and the foreclosure was a fraud.

    Heck, I’d love to have them dream of being in their own courtroom trying to convince their own self, ‘it’s me, it’s me, don’t you recognize me.’ as they watched the mirrored image of their self rule against them, lower the gavel, state on of those ‘it is so ordered’, and walk away arrogantly, and then be told they have to get out of their home.

    It’s not an easy task to pack up 10 years of yourself and your possessions and look for a place to stay, and come up with all the deposits for utilities if you move to a location with different utilities, and the moving truck, and the time spent loading and unloading, and unpacking and changing schools, and registering your kids at another location, and changing your address on your license,, your checks, your revolving accounts, bank accounts, medical accounts, dental accounts, job information, emergency phone number information, mail order catalogs you received when you were a consumer making the economy go round and round, etc. You think life was chaotic trying to save your home, imagine moving when you weren’t ready and spending money you don’t have to do it

    I want them to feel what we felt, but 1000 fold, and the pain we felt 1 million fold and be sentenced to purgatory for so long it will feel like an eternity in earth hours and Universe days, and Creator years. In the universe there is no time, so there is infinity to suffer while the rest of us, the meek move on and enjoy our lives without them, never to be missed, ever!

    Light and Love,
    at arm’s length
    Trespass Unwanted, A Freeman, Sui Juris in Propria Persona
    Still love them but wish I could put them over my knee and whip them non-stop, and like a bank, default, hand them to someone else to take over and let them whip them even if they have no obligation to the new entity, and did them no wrong, nor had any agreement that warranted such punishment. I would, I would, I would.

  8. interesting

  9. Vegasdude: Can you appeal or go through the BK court? In BK court the pretender lenders have to prove accounting, standing, etc., and obviously default is not the primary issue as you wouldn’t be in BK!

  10. Oh, and here’s the case info on my previous post:

    Case 2:09-cv-02406-GMN-RJJ

    Joyner vs. Bank of America & MERS

    You can look it up on PACER.

  11. Don’t get too excited about this Judge Navarro. I know of a case where she not only vacated an oral argument hearing prior to dimsissing a valid complaint, but in the first paragraph of her “opinion” she stated that “Plaintiff does not dispute anywhere in his Complaint or pleadings that he is default…” The Complaint, and the Opposition to the Motion to Dismiss, are literally crowded with disputes regarding the so-called “default” on nearly every page! This Judge is what I call a “specialist” brought in solely for the purpose of dismissing valid claims against financial institutions.

    Imagine having retained an attorney for the hearing, and then being informed that the hearing is cancelled and your case is dismissed….WITH prejudice! This is a judge who didn’t even want to hear the supporting arguments and made sure they would not go on the record. Talk about evil.

    The worst thing about dismissals like this one is that there always seems to be plenty of case law which states, in effect, that the borrower has no right to know what happened after he signed the loan documents; that anyone can foreclose; the creditor need not be disclosed; the accounting need not be proven; the Note is not an important element for foreclosure; the Note being separated from the Deed of Trust means nothing; etc., even when we have case law — and black-letter law — which states otherwise. Judge Navarro “artfully” crafted her decision with such cases, all of which do nothing to protect the borrower-Plaintiff from wrongful actions by parties with no authority. Horrible. (I hope she enjoys extremely hot weather.)

    Well, perhaps the Ninth Circuit will see it differently. When this case is reversed and remanded, this judge will get the message that she cannot rule this way.

  12. *neidermeyer – I couldn’t agree more!

    What prudent lender loans money without knowing what their collateral is worth?

    Perhaps Mr Einstein (Lowman) should read very carefully section 20 of the standard Fannie/Freddie uniform mortgage “contract” that says the note can be sold… as long as the mortgage goes with it.

    MERS accomplishes this how Mr Einstein (Lowman)?

  13. EULE,

    A year from now David Lowman will be begging for relief when he realizes that his hundreds of billions in securitized , MERS assigned mortgages are unenforceable and he passed up a chance to get the borrowers to sign a new and valid contract. He’s gambling on the Feds to bail him out in the courts.



    JP Morgan Chase would rather see their customers thrown out on the street rather than take less on their mortgages. At issue, you see, is the sanctity of contracts.

    In testimony to be delivered Tuesday afternoon, David Lowman, chief executive officer for home lending at the “Too Big To Fail” behemoth, will fight back against the program which calls for lenders and investors to decrease the outstanding debt owed on a home mortgage. While his competitors at Bank of America, Wells Fargo and Citigroup plan to dance around the issue — judging from their prepared remarks — Lowman cut right to it: borrowers don’t deserve it.

    “Like all loans, mortgage contracts are based on a promise to repay money borrowed,” Lowman’s prepared remarks read. “Importantly, there is no provision in the mortgage contract, express or implied, that the lender will restore equity or reduce the repayment amount if the value of the collateral — be it a home, a car or a stock market investment — depreciates.

    “If we re-write the mortgage contract retroactively to restore equity to any mortgage borrower because the value of his or her home declined, what responsible lender will take the equity risk of financing mortgages in the future? What responsible regulator would want lenders to take such risk?”

  15. I don’t know why the actual docs are usually seperated and hidden on this site ,, but here it is ..


  16. I second the request. i am in same boat as Diana!

  17. Can I get a copy of the actual motion to dismiss the foreclosure? Also how are the courts in California handling MERS (other than the Walker case)?
    California is a non-judicial state and I am concerned that because of this the judges may view MERS claims differently. PLEASE HELP.

Contribute to the discussion!

%d bloggers like this: